Dismissed

Bhola S/O Garibdasji Baisware and 2 Others v. the State of Maharashtra, Department of General Administration Departement, Mumbai and 4 Others

Bombay HC10 Jan 2019PIL/83/2018

Case brief

AI extract

What is this about?

The Nagpur Bench of the Bombay High Court dismissed a PIL alleging irregularities in the construction of a community hall over a school. Finding the petitioners' averments to be false, frivolous, and denying bonafides, the court dismissed the petition and forfeited deposition costs to the Juvenile Justice Fund.

What did the court decide?

Public Interest Litigation dismissed; costs of Rs. 20,000/- from each petitioner forfeited and deposited in Juvenile Justice Fund.

Bhola S/O Garibdasji Baisware and 2 Others Vs… — Public Procurement and Tenders | Bombay HC (2019)

Order

1001pil83.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.

¶5

PUBLIC INTEREST LITIGATION NO. 83/2018.

¶6

Bhola Garibdasji Baisware and others. - VERSUS-

¶7

The State of Maharashtra and others.

¶8

Office notes, Office Memoranda of Coram, appearances, Court's orders Court’s or Judge’s Orders or directions and Registrar’s orders.

¶9

Shri A.R. Ingole, Advocate for Petitioners. Shri P.S. Tembhare, A.G.P. for Respondent Nos.1 and 2. Shri A.A. Naik, Advocate for Respondent Nos.3 & 4. Shri S. Dewani, Advocate for Respondent No.5.

¶10

CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.

¶11

DATE : JANUARY 10, 2019.

¶12

Heard.

¶13

Petitioners claim to have filed this petition

¶14

in public interest, claiming relief in terms of prayer clauses [a] and [b], which are reproduced below :

¶15

“ (a) by an appropriate Writ, Order or Direction direct the respondent nos.3 and 4 – Municipal Corporation, Nagpur and Town Planning Department, Nagpur to initiate an enquiry as regards the irregularities in construction of Community Hall over

Order

1001pil83.18

the old structures of the school owned by respondent no.3 Nagpur Municipal Corporation by name Daji Marathi Primary School;

¶20

(b) by an appropriate Writ, Order or Direction punish the persons responsible for misuse of school owned by respondent no.3 Nagpur Municipal Corporation by name Daji Marathi Primary School;”

¶21

In order to find out as to whether the construction of the Community Hall is over the old structure of the school owned by respondent no.3, photographs are placed on record by petitioners clearly indicate that the Community hall is not constructed over and above the school, but, it is constructed adjacent to the school building in terms of the proposal of the MLA given on 07.05.2016, for spending the funds allotted to him. Inspite of pointing out this position in reply, rejoinder filed by petitioners reiterate the same position.

¶22

We find that irresponsible statements are made in paragraph no.3 of the petition, which are reproduced below :

Order

1001pil83.18

“3. …..... The petitioners further submits that the President of of the Respondent No.5 is the sitting Corporator and therefore respondent no.5 has misused his position in misappropriating the fund granted for construction of community hall near Daji Marathi Primary School and not over and above the Daji Marathi Primary School, warranting an interference of this Hon'ble Court.”

¶27

Though the allegations are made against

¶28

the President of respondent no.5 Society, about misappropriation of funds, he has not been joined personally as party respondent.

¶29

In the entire petition, repeated averments are made that the community hall is constructed over and above the old building on the terrace without getting structural audit, contrary to the funds sanctioned by the MLA. The petition is based upon such averments which we find to be false and frivolous. Inspite of visible construction, rejoinder reiterates the same case. This litigation is not bonafide.

¶30

Our attention is invited by the learned

Order

1001pil83.18

counsel appearing for petitioners to paragraph no.2 of the affidavit filed by the Collector, in which it is stated that the dispute regarding the speed of the work, quality of work and allied work are to made subject matter of enquiry by the implementing agency. There is no complaint in this petition in respect of the subject matter of this enquiry.

¶35

We find that the petition and the rejoinder is full of irresponsible statements and this Court is not satisfied by the bonafides of petitioners.

¶36

Public Interest Litigation is, dismissed. The costs of Rs. 20,000/- deposited by each of the petitioners, is forfeited and the same be appropriated in the account of Juvenile Justice Fund maintained by the State Government.

¶37

JUDGE JUDGE

¶38

Rgd.

Bhola S/O Garibdasji Baisware and 2 Others v. the State of Maharashtra, Department of General Administration Departement, Mumbai and 4 Others

Case brief

What is this about?

What did the court decide?

Bhola S/O Garibdasji Baisware and 2 Others v. the State of Maharashtra, Department of General Administration Departement, Mumbai and 4 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Grampanchayat Alsand, through Its Sarpanch Vs Panchayat Samiti, Khanapur and Ors.

Shri. R. R. Tripathi Vs Union of India Thru Ministry of Home Affairs and Ors.

Grampanchayat Alsand, through Its Sarpanch Vs Panchayat Samiti, Khanapur and Ors.

Mr. Sanjay Brijkishorlal Nirupam Vs the State of Maharashtra Throu Principal Secretary and Ors.

Mah. Rajya Karmachari Mahasangh (Prop.) Thru Shri. Mukund H. Jadwar vs Chief Secretary, State of Maharashtra and Ors.

Shridhar S/O Nanduji Ade Vs State of Maharashtra, through Its Secretary, Department of Home, Mumbai and Others

Datta Shrirang Mane Vs Best Workers Union and 2 Ors.

Prashant S/O Prabhakarrao Pawar and Another Vs Govt. of Maharashtra through Its Collector, Nagpur and Others

Sanjay S/O Surajpalsingh Mungona Vs State of Maharashtra, Thr. Secretary, Department of Animalo Husbandry and Fisheries, Mumbai and Ors.

Suraj S/O Pandurang Merfulwar Vs Sm. Dnyaneshwari D. Ahire, Superintendent, State Excise, Bhandara and Another

Parsuram S/O Yellaya Godselwar and Another Vs Smt. Dnyaneshwari D. Ahire, Superintendent, State Excise, Bhandara and 1

Diwakar S/O. Nanaji Game and Another Vs State of Maharashtra, Dept. of Irrigation Thr. Principal Secretary, Mumbai and Others

Nagari Hakka Saurakshan Manch through Its Central President Shri Janardan Gulabrao Moon and Another Vs the State of Maharashtra, through Its Secretary, Dept. of Education, Mumbai and Others

Shri Kadir S/O Kismetulla Sheikh Vs the Collector, Bhandara and Another