The High Court dismissed a PIL at the threshold. The court found the petition proceeded on assumptions and presumptions without evidence, noting documents showed the tender process was open and fair.
Public interest litigation dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
P.I.L. No.76/2019
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.76 OF 2019
Nadeem Shaikh Kareem ... PETITIONER
VERSUS
The State of Maharashtra & others ... RESPONDENTS
Mrs. Sabahat T. Kazi, Advocate for petitioner Mr. S.D. Ghayal, A.G.P. for respondents
CORAM: PRASANNA B. VARALE AND R.G. AVACHAT, JJ. DATED : 3rd JULY, 2019.
ORAL ORDER :
Heard learned counsel for the petitioner. Though the petitioner claims that by way of the present Public Interest Litigation, cause of public is espoused, on perusal of the documents placed on record, we are of the clear opinion that the petition proceeds on only assumptions and presumptions and an erroneous impression being carried out by the petitioner. The petitioner raises a challenge to two works, and the submission is, without following the procedure, works are allotted. The documents placed on record show that a representation is
P.I.L. No.76/2019
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submitted to the Divisional Commissioner, Aurangabad on 17.6.2019, requesting the Divisional Commissioner to initiate action against the officers of the Public Works Department such as Chief Engineer, Superintending Engineer and Executive Engineer including a criminal action.
P.I.L. No.76/2019
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absolutely no material nor a source of information being disclosed in the representation.
(R.G. AVACHAT) (PRASANNA B. VARALE) JUDGE JUDGE
fmp/-
1 issue framed by the court
Whether a public interest litigation challenging the alleged improper allotment of public works can be admitted given the lack of evidence and reliance on assumptions.
Nadeem Shaikh Kareem
The State of Maharashtra & others
Prasanna B. Varale
R.G. Avachat
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
