Review petition seeking recall of the dismissal of a public interest litigation alleging forgery of Gram Panchayat records divesting a Trust of its property. The Division Bench found no error apparent on the face of the earlier order and dismissed the review petition.
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3.RPI1_2022.DOC
2024:BHC-AS:11377-DB
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO. 1 OF 2022 IN
PUBLIC INTEREST LITIGATION NO. 70 OF 2021
Sandeep Dnyanoba Undre
… Petitioner
Versus
The State of Maharashtra & Ors. …Respondents
Mr. Sandeep Phatak for the petitioner. Mr. P.P. Kakade, GP with Ms. P.J. Gavhane, AGP for the State.
_______________________ CORAM: G. S. KULKARNI & FIRDOSH P. POONIWALLA, JJ. DATED: 07 March, 2024
P.C.
J.) dismissing the Public Interest Litigation in terms of the following order:
“1. The petitioner complains of forgery of Gram Panchayat records which has ultimately resulted in a particular Trust being divested of its property. It is admitted at the bar that the petitioner is a tax payer and resident of the relevant Gram Panchayat; however, despite being aware of prima facie fabrication of documents, he has not lodged any criminal complaint pertaining to commission of cognizable offence. That apart, the Trust which is said to have been divested of its property by the alleged fabrication of records has a remedy under the law to seek appropriate declaration and consequential relief before the Civil Court.
Page 1 of 2 07 March, 2024
3.RPI1_2022.DOC
relegated to the appropriate forum instead of entertaining a public interest litigation. The decision reported in (2014) 5 SCC 530 (Jaipur Shahar Hindu Vikas Samiti vs. State of Rajasthan) may be profitably relied on in this connection.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.)
Page 2 of 2 07 March, 2024
Signed by: Vidya S. Amin Designation: PS To Honourable Judge Date: 08/03/2024 14:55:20
1 issue framed by the court
Is there any error apparent on the face of the order dated 25 October 2021 dismissing the PIL alleging forgery of Gram Panchayat records?
Sandeep Dnyanoba Undre
The State of Maharashtra
G. S. Kulkarni
Firdosh P. Pooniwalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
