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Bombay High CourtPIL/58/2009

Pratap Sarnaik v. The State Of Maharashtra And ORS.

2020-01-02Hon'Ble Shri Justice R. I. Chagla,Hon'Ble Shri Justice S.C. Dharmadhikari2 pages

4.PIL-58-09.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.58 OF 2009 Shri Pratap Sarnaik ...

Petitioner versus The State of Maharashtra and Ors.

...

Respondents Mr.Sagar Joshi for the Petitioner absent.

Mr.P.P.Kakade-Government Pleader a/w Mr.B.V.Samant-AGP for Respondent No.1 (State).

Mr.Prashant Chavan a/w Ms.Reshmarani Nathani i/b Mr.Nitin Dhumal for Respondent No.2.

Mr.Sharan Jagtiani a/w Rishir Daulat, Teresa Daulat and Priyanka Gidh i/b M/S Divya Shah Associates for Respondent No.3.

CORAM :- S. C. DHARMADHIKARI & R.I.CHAGLA, JJ.

DATE :- JANUARY 02, 2020 P.C. :- 1.

This PIL concerns the grievance of the petitioner about the collection of Toll on a road known as Thane-Ghodbunder Road. The collection only at a particular point is questioned. 2.

On such a PIL, which is pending in this Court from 5th February, 2009, notices came to be issued on 26th February, M.M.Salgaonkar

4.PIL-58-09.doc 2009. The affidavits-in-reply were filed. On occasions such as the one today, the requests of the MSRDC-the concerned agency of the State to grant time to file affidavit-in-reply were also accepted. The affidavits have been filed.

3.

From the record it appears that the PIL has appeared on fourteen occasions prior to 2nd January, 2020. After a certain point of time, the advocate for the petitioner and the petitionerMr.Pratap Sarnaik have lost interest in the PIL. We, therefore, dispose it of for lack of assistance from the petitioner. However, we clarify that the grievance projected in this PIL is not dealt with on merits and should any occasion arises for another public spirited citizen to complain on the subject, he can approach this Court, provided he has exhausted all the available remedies. (R.I.CHAGLA, J.) (S.C.DHARMADHIKARI, J.) M.M.Salgaonkar