Bhavika A. Solanki v. State Of Maharashtra

PILL. 9331-15 Corrected order VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (St.) No. 9331 OF 2015 Bhavika A. Solanki ...

Petitioner Vs.

State of Maharashtra ...

Respondents *** Mr. Leo Ronald Castelino, for the Petitioner. Mr. C. P. Yadav, AGP for the Respondent - State. *** CORAM : V. M. KANADE, & M. S. SONAK, JJ.

DATE : JUNE 28, 2016 PC.

1.

By this petition, Petitioner is seeking following reliefs: "(a) this Hon'ble Court be pleased to issue a writ of Mandamus or a writ in the nature of Mandamus or Writ of Certiorari, any other appropriate Writ, Order or Directions of this Hon'ble Court under Article 226 and 227 of the Constitution of India, to all the civil courts to decide the suit or proceedings filed under section 34 of Specific Relief Act, 1963 to declare and order the missing persons under section 108 of the Evidence Act, 1972 without making any public or individual 1 / 2

PILL. 9331-15 Corrected order organizations, entities as party Defendant except the State and adjudicate the same in accordance with law; (b) this Hon'ble Court be pleased to quash and set aside the order passed by learned trial court passed by his Honour Judge D. K. Bhende, presiding in Court Room No. 4 in Bombay City Civil Court, (Borivali Division) Dindoshi dated 17/10/2014, dismissing the suit and further order to decree the suit;

(c) cost may be provided for;

(d) such further and other reliefs as this Hon'ble Court may deem fit and proper in the interest of justice." 2.

So far as prayer clause (b) is concerned, learned counsel for the Petitioner submits that petition has become infructuous. So far as prayer clause (a) is concerned, such a direction / relief, as prayed, cannot be given / granted while exercising our writ jurisdiction under Article 226 and 227 of the Constitution of India. Public interest litigation is, therefore, dismissed.

[M. S. SONAK, J.] [V. M. KANADE, J.] Vinayak Halemath Note : In view of order dated 14th December, 2017 passed in PIL. 95/2017 for "Speaking to the Minutes", this order is corrected. 2 / 2