The court expressed disinclination to allow PIL, stating lack of a public cause, and disposed of the petition as withdrawn following the petitioner's statement.
PIL disposed off as withdrawn; Rs.50,000 ordered to be donated for public cause; remainder returned; pending civil applications disposed of.
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907-PIL-65-2021.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD
PUBLIC INTEREST LITIGATION NO.65 OF 2021
WITH CA/2080/2023 IN PIL/65/2021 WITH CA/2081/2023 IN
PIL/65/2021
FEROZ SHAFI KHAN AND ANOTHER
VERSUS
THE UNION OF INDIA AND OTHERS
Mr. S. S. Thombre, Advocate h/f Mr. Shaikh M. A. Jahagirdar,
Advocate for Petitioners
Mr. S. G. Karlekar, AGP for Respondent Nos. 2 to 4 – State
Mr. V. D. Sapkal, Senior Advocate i/b Mr. S. R. Sapkal, Advocate
for Respondent No.5
Mr. M. G. Naik, Advocate for Respondent No.7
CORAM: RAVINDRA V. GHUGE AND
Y. G. KHOBRAGADE, JJ.
DATE:14.07.2023
PER COURT :-
1.After extensively hearing the submissions of the
learned Advocate Shri Thombre on behalf of the Petitioners, the
learned Senior Advocate Shri Sapkal on behalf of Respondent
No.5 and the learned Advocates for the respective sides, we were
not convinced that a public cause is involved in this petition. We,
therefore, expressed our disinclination to entertain this Petition as
a Public Interest Litigation.
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(( 2 ))907-PIL-65-2021
2.The learned Advocate for the Petitioners sought an
overnight pass-over and submits today that the Public Interest
Litigation would be withdrawn by the Petitioners and if advised,
would prefer a criminal writ petition.
3.In view of the above statement, this Public Interest
Litigation is disposed off as withdrawn.
4.The learned Advocate for the Petitioners graciously
submits that an amount of Rs.50,000/- out of Rs.3,00,000/- that were
deposited in this Court, be donated for a public cause for supporting
an institution like the orphanage home, namely “Shantivan”, Arvi, Tq.
Shirur Kasar, District Beed. “ Bhavani Vidyarthi Kalyan Pratishthan,
Arvi”, which takes care of orphans.
5.Therefore, out of the amount of Rs.3,00,000/-, the
Registry shall transfer Rs. 50,000/- to State Bank of India, Branch
Shirur (Kasar), Account No.33446000963 IFSC No. SBIN0005995.
6.The remainder amount of Rs.2,50,000/- along with
accrued interest, may be withdrawn by the Petitioners.
7.Pending civil applications would not survive and stand
disposed off.
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907-PIL-65-2021
(( 3 ))
8. Insofar as the desire of the Petitioners to prefer criminal
writ petition, we leave it to the concerned Court to deal with the said
litigation, if filed.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ]
SMS
3 of 3
1 issue framed by the court
Whether Public Interest Litigation involves a public cause.
FEROZ SHAFI KHAN AND ANOTHER
THE UNION OF INDIA AND OTHERS
RAVINDRA V GHUGE
Y G KHOBRAGADE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court