Sarthi Seva Sangh v. Janardan S. Jaiswal And ORS

30-ia-19522-2022 in pil-53-2018.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PALLAVI MAHENDRA WARGAONKAR Date:

2022.11.10 17:53:54 +0530 PALLAVI MAHENDRA WARGAONKAR INTERIM APPLICATION NO.19522 OF 2022 IN PUBLIC INTEREST LITIGATION NO.53 OF 2018 Sarthi Seva Sangh ... Applicant In the matter between Janardan S. Jaiswal ... Petitioner Vs.

The State of Maharashtra and Ors.

... Respondents Mr. Rakesh Agrawal, for the applicant.

Mr. P.P. Kakade, GP a/w Mr. M.M. Pabale, AGP for the Respondent Nos.1, 3 and 4/State.

Mr. Jagdish G. Aradwad (Reddy) for Respondent No.2. 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.19522 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

30-ia-19522-2022 in pil-53-2018.doc applicant is desirous of pursuing the cause, it may file a fresh PIL petition conforming to the Bombay High Court 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)