Sarthi Seva Sangh v. Janardan S. Jaiswal And ORS

29-ia-19473-2022 in pil-135-2019.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PALLAVI MAHENDRA WARGAONKAR Date:

2022.11.10 17:53:55 +0530 PALLAVI MAHENDRA WARGAONKAR INTERIM APPLICATION NO.19473 OF 2022 IN PUBLIC INTEREST LITIGATION NO.135 OF 2019 Sarthi Seva Sangh ... Applicant In the matter between Janardan S. Jaiswal ... Petitioner Vs.

Kalyan Dombivali Municipal Corporation, Through its Commissioner and Ors.

... Respondents Mr. Rakesh Agrawal, for the applicant/petitioner. CORAM: DIPANKAR DATTA, CJ. & MADHAV J. JAMDAR, J.

DATE : NOVEMBER 10, 2022 P.C.:

1.

The original petitioner Janardan Jaiswal has passed away during the pendency of this Public Interest Litigation. The applicant in Interim Application No.19473 of 2022, on the death of the original petitioner, seeks to pursue the cause espoused by him. Incidentally, the applicant is a registered society and not an heir of the original petitioner. 2.

We are of the view that the original petitioner having passed away, the PIL petition stands abated. If at all, the applicant is desirous of pursuing the cause, it may file a fresh PIL petition conforming to the Bombay High Court

29-ia-19473-2022 in pil-135-2019.doc Public Interest Litigation Rules, 2010.

3.

With such liberty, this Interim Application stands dismissed.

4.

We record that PIL petition having abated, the proceedings stand closed. No costs.

(MADHAV J. JAMDAR, J.) (CHIEF JUSTICE)