PIL petition regarding violation of easementary right dismissed. Court held remedy lies in Civil Court.
No costs. Remedy to be pursued in Civil Court via declaration and consequential reliefs.
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5-PIL-6-2023
Pdp
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 6 OF 2023
Digitally signed byPRAVIN PRAVINDASHARATH DASHARATHPANDIT PANDIT Date: 2023.01.19 09:58:28 +0530
Hanuman Krushna Patil & Ors. .. Petitioners Vs. The District Collector, Thane & Ors. .. Respondents
Mr. Milind D. Parab for petitioners.
Mr. P. P. Kakade, Govt. Pleader a/w Mrs. Nisha M. Mehra, AGP for State.
CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.
DATE: JANUARY 18, 2023
P.C.:
1. We have heard the learned advocate for the petitioners and the learned Government Pleader.
2. The petitioner seeks to challenge violation of easementary right. In that event, the petitioners will have to seek a declaration of easemntary right and consequential reliefs. The petitioners will have to move the Civil Court. 3. If it is the case of the petitioners that large number of villagers are aggrieved, then the petitioners can invoke the provisions of Order I Rule 8 of the CPC as may be permissible. The petitioners are at liberty to avail the said remedy.
4. With the aforesaid observations, the PIL petition is disposed of. No costs.
5. If such a remedy is availed, then all contentions are kept open.
(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)
1
1 provisions across 1 enactments
Hanuman Krushna Patil & Ors.
The District Collector, Thane & Ors.
S. V. Gangapurwala
Sandeep V. Marne
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