Petitioner lawyer, unaggrieved and not an encroacher, filed writ petition challenging a Government Resolution. Court held petitioner lacked locus standi. Writ petition dismissed with no costs.
Writ petition dismissed. No costs.
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1 971-wp 5677-2021.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 5677 OF 2021
Saifuddin Ajijulhaq Shaikh
.. Petitioner
Versus
The State of Maharashtra and others
.. Respondents
Mr. S. S. Dixit, Advocate for the Petitioner.
Mr. S. K. Tambe, AGP for Respondents-State.
CORAM : S. V. GANGAPURWALA &
SHRIKANT D. KULKARNI, JJ.
DATED : 01st April, 2021.
PER COURT:-
.It appears that the present petition is filed without any purpose.
The petitioner is not aggrieved by the Government Resolution. The
petitioner does not contend that he is an encroacher and / or seeks
regularization of an encroached area on the open space. The petitioner
does not have a locus standi in such cases to file the petition.
[ 2. The petitioner seeks directions against the respondents to clarifythe Government Resolution as detailed in the prayer clause. It is for the
petitioner who is a lawyer to interpret the same and / or challenge the
Government Resolution. The prayers made in the petition more
particularly, when the petitioner is not aggrieved cannot be entertained.
3. Writ petition, as such, is dismissed. No costs.
( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE
P.S.B.
1 of 1
2 issues framed by the court
Whether to entertain a writ petition filed by a lawyer who is neither aggrieved nor an encroacher seeking interpretation of a Government Resolution.
Whether the petitioner has locus standi to file the petition.
Saifuddin Ajijulhaq Shaikh
The State of Maharashtra
S. V. Gangapurwala
Shrikant D. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court