Writ petition by a social organization challenging permission granted to a cooperative bank's development was found not maintainable as an ordinary writ petition. The court held it ought to be filed as a PIL and gave liberty to seek administrative assignment and listing.
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920-ASWP-10557-2019.DOC
Amol
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10557 OF 2019
Rayat Kranti Sanghatana Karad …Petitioner Versus Chief Executive Officer Karad & Ors …Respondents
Mr Nilesh Wable , with Bhavika Shinde, i/b Umesh Mankapure, for the Petitioner.
Mr Anil Sakhare , Senior Advocate , i/b Kalpesh Patil, for Respondent No 5.
AMOL PREMNATH JADHAV
Digitally signed by AMOL PREMNATH JADHAV Date: 2024.02.21 10:37:11 +0530
Ms Shraddha Pawar , i/b Dilip Bodke, for Respondent No 1. Mrs PJ Gavhane , AGP , for Respondents Nos 2 & 6-State. Mr Vijay Patil , i/b Yogesh Patil, for Respondent No 4.
CORAM G.S. Patel & Kamal Khata, JJ. DATED: 20th February 2024
PC:-
1. We are unable to understand how this Writ Petition can be maintained as such given the following averment in paragraph 1:
“1. The Petitioner is an organization which works for various social causes throughout Maharashtra. The Sanghatana raises voice against the illegalities and to help people at large. Mr Musadik is the Vice President of Petitioner organization.”
Page 1 of 2 20th February 2024
920-ASWP-10557-2019.DOC
2. The Petitioner clearly has no concern or direct interest in the development in question, i.e., the development by the 5th Respondent, the Koyana Cooperative Bank. Permission has been granted to the Cooperative Bank by the 1st Respondent, the Chief Executive Officer (“ CEO ”) of the Karad Nagar Parishad, Karad.
3. In our view, this Petition ought to be filed as a Public Interest Litigation (“ PIL ”). We record that we have no objection to taking up the matter immediately for final disposal since it has been pending admission since 2019 provided that there is an administrative order from the Hon’ble Chief Justice assigning the matter to this Bench. As matters currently stand, we believe this Petition ought to be numbered as a PIL and is within the roster assignment of the First Court, not this Court.
4. We grant liberty to the Petitioner to make the necessary application if the Petitioner so desires. If such an administrative order is obtained, liberty to the Petitioner to apply for a listing before this Court.
5. So far as we are able to tell, there are no interim orders obtained by the Petitioners.
(Kamal Khata, J)
(G. S. Patel, J)
Page 2 of 2 20th February 2024
1 issue framed by the court
Whether a social organization with no direct interest in the development can maintain this writ petition, or whether it should be renumbered as a PIL.
Rayat Kranti Sanghatana Karad
Chief Executive Officer Karad
Koyana Cooperative Bank (Respondent No 5)
G.S. Patel
Kamal Khata
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.
18 orders share this CNR
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