Shri. Vinayak Shankar Jadhav v. The Stat Of Maharashtra, Through Chief Secretary, Urban Development Dept And ORS

(5)-PIL-89-14.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.89 OF 2014 Shri. Vinayak Shankar Jadhav ..Petitioner

Versus

The State of Maharashtra and others ..Respondents Mr. Harshad M. Inamdar, Advocate for the Petitioner. Ms. Nisha Mehra, AGP for Respondent - State.

Mr. D. P. Adsule, Advocate for Respondent No.3. CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.

DATE : 19th JUNE, 2019 P.C.

This is a Public Interest Petition. If no injury is finally caused to public interest the Court would not interfere. The Petitioner, a journalist, draws attention of the Court that the Municipal Council Kulgaon Badlapur advanced ₹ 5.8 crores to a contractor to whom post tender being floated the work was allotted. This according to the Petitioner was not permissible because the terms of the tender did not permit mobilization advance to be made. The reply filed brings out that the Collector issued a notice to the Councillors and upon being BGP. 1 of 2

(5)-PIL-89-14.doc.

informed that the mobilization advance together with interest as per the terms of the disbursement was recovered, dropped proceedings against the Councillors. Since public interest was ultimately adversely affected, we are not inclined to grant the prayer made that punitive action be taken against the Councillors. The Public Interest Petition is dismissed.

N. M. JAMDAR, J CHIEF JUSTICE BGP. 2 of 2