Neeraj Kumar Mishra v. The State Of Maharashtra And ORS

crpil34 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO.34 OF 2016 Neeraj Kumar Mishra

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Mr.Shailesh Kumar for the Petitioner Mr.J.P.Yagnik, APP for the State CORAM : A.S.OKA, & SMT.ANUJA PRABHUDESSAI JJ.

DATE : NOVEMBER 28, 2016 P.C.:

.

Not on board. Taken on board.

The only substantive prayer in this petition is for writ of mandamus in terms of prayer clause (d). Admittedly, the petitioner has not approached any statutory authority calling upon the authority to take action as regards illegalities alleged in the petition.

The law on this aspect is very well settled. We may refer to only one decision of the Apex Court in the case of Saraswati Industrial Syndicate Ltd. And others vs. Union of India1. As the petitioner has not made any grievance before any authority, we decline to entertain this petition. Hence, the petition is disposed of.

It will be open for the petitioner to make a 1 (1974) 2 SCC 630

crpil34 representation before the appropriate authority for redressal of the grievances made in the petition. If the authorities fail to take any decision/action within a reasonable time, it will be always open for the petitioner to file appropriate proceedings before this Court for seeking writ of mandamus. (ANUJA PRABHUDESSAI,J.) (A.S.OKA,J.)