Dadra And Nagar Haveli Sc/St Vikas Sanghtan v. The Administration Of Dadra And Nagar Haveli (Ut) And ORS

rsk 1 18-CRPIL-46-15.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL PUBLIC INTEREST LITIGATION NO.46 OF 2015 Dadra and Nagar Haveli SC/ST Vikas Sanghtan ..Petitioner Vs.

The Administration of Dadra and Nagar Haveli (UT) and Ors.

..Respondents Ms. Dipti Keber for the Petitioner.

Ms. Purnima Kanthoria a/w Ms. Deepali Patankar for the Respondent Nos.1 to 7.

CORAM: V.M. KANADE & C. V. BHADANG, JJ.

APRIL 18, 2017.

P.C.

.

The learned counsel for the Petitioner seeks extension of time to carry out amendment.

2.

The record indicates that the permission to amend the petition was granted way back in February'2016. Apart from that, we find that the reliefs claimed by the Petitioner are omnibus in nature as the Petitioner seeks to challenge various transactions which have taken place from 1990 onwards. The Petitioner is seeking the following reliefs : (a) that this Hon'ble Court may be pleased to issue a writ of mandamus and/or any other appropriate writ or order and/or direction in the nature of mandamus, thereby directing the Respondent No.6 i.e.

CBI to register an FIR in the matter and carry out thorough investigation and submit its report to this Hon'ble Court within such a reasonable time, as this Hon'ble Court may deem fit and proper, in exercise of its powers vested with this Hon'ble Court under Article 226 of the Constitution of India; (b) that this Hon'ble Court may be pleased to direct Respondent No.

rsk 2 18-CRPIL-46-15.doc (c) that this Hon'ble Court may be pleased to direct respondent No.1 to initiate appropriate legal proceedings for recovery of the premium in cases wherein revocation/cancellation of sales and transfer of land is found impracticable and impossible and further to initiate departmental proceedings against the erring officials, including respondent nos.2 to 6.

(d) cost of the petition be provided for;

(e) any further orders and/or directions be given, as the nature and circumstances of the case may require.

3.

In our view such reliefs as claimed cannot be granted in the writ Petition filed under Article 226 of the Constitution of India. Apart from that, CBI has already made an inquiry and submitted a letter to the Dadra & Nagar Haveli in which it is stated that the CBI did not find any criminal misconduct on the part of any public servant.

4.

We, therefore are not inclined to entertain this criminal Public Interest Litigation, which is accordingly disposed of. (C. V. BHADANG, J.) (V.M. KANADE,J.)