Sandeep Dnyanoba Undre v. State Of Maharashtra And ORS

13-PIL-70-2021 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISIDICTION PUBLIC INTEREST LITIGATION NO. 70 OF 2021 Sandeep Dnyanoba Undre .. Petitioner Vs.

State of Maharashtra & Ors.

.. Respondents Mr. Sandeep M. Phatak for petitioner.

Mr. P. P. Kakade, Government Pleader with Ms. R. A. Salunkhe, AGP for State.

C0RAM: DIPANKAR DATTA, CJ & G. S. KULKARNI, J.

DATE: OCTOBER 25, 2021 PC:

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.

2.

Law is well settled that when the interests of affected parties can be protected and the controversy or dispute can be

13-PIL-70-2021 adjudicated by a mechanism created under a particular statute, such party should be 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.

3.

This Public Interest Litigation is misconceived and, accordingly, stands dismissed. No costs.

(G. S. KULKARNI, J.) (CHIEF JUSTICE) PRAVIN DASHARATH PANDIT PRAVIN DASHARATH PANDIT Date: 2021.10.26 10:20:35 +0530