Petitioner filed a PIL seeking waiver of service charge. Court held the matter concerned individual interest, not the public at large, and thus was not a valid PIL.
Petition not entertained as a Public Interest Litigation.
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.
(1)
2-PIL-19-2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
2 PUBLIC INTEREST LITIGATION NO.19 OF 2021
DR. GOVIND HARIBA KALE
..PETITIONER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS..RESPONDENTS
Mr. Rhshikesh A. Joshi, Advocate for the
Petitioner.
Mr. D. R. Kale, Incharge GP for Respondents-State.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 01st FEBRUARY, 2021.
PER COURT:-
1.Heard Mr. Joshi, learned counsel for the
petitioner.
2.We do not find the nature of relief
claimed is concerned with the public at large. It
is the individual’s interest that is sought to be
agitated in the present petition. The petitioner
seeks directions that the service charge of
respondent no.5 should be waived. The respondent
no.5 can assail the same in accordance with law.
The relief claimed would not be within the realm of
the Public Interest Litigation.
3.In light of that, we are not inclined to
entertain the present Public Interest Litigation.
(2) 2-PIL-19-2021
4. The Public Interest Litigation is disposed
of. No costs.
(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE
Devendra/February-2021
2 issues framed by the court
Whether the claimed relief regarding waiver of service charge pertains to the public at large to qualify as a Public Interest Litigation.
Whether the High Court should entertain a PIL where individual interests rather than public interest are involved.
Dr. Govind Hariba Kale
The State of Maharashtra
Others
S. V. Gangapurwala
Shrikant D. Kulkarni
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