Shri. Hanuman Krushna Patil And ORS v. The District Collector , Thane And ORS

5-PIL-6-2023 Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 6 OF 2023 Hanuman Krushna Patil & Ors.

.. Petitioners Vs.

The District Collector, Thane & Ors.

.. Respondents Digitally signed by PRAVIN DASHARATH PANDIT Date:

2023.01.19 09:58:28 +0530 PRAVIN DASHARATH PANDIT Mr. Milind D. Parab for petitioners.

Mr. P. P. Kakade, Govt. Pleader a/w Mrs. Nisha M. Mehra, AGP for State.

CORAM: S. V. GANGAPURWALA, ACTING CJ. & SANDEEP V. MARNE, J.

DATE:

JANUARY 18, 2023 P.C.:

1.

We have heard the learned advocate for the petitioners and the learned Government Pleader.

2.

The petitioner seeks to challenge violation of easementary right. In that event, the petitioners will have to seek a declaration of easemntary right and consequential reliefs. The petitioners will have to move the Civil Court. 3.

If it is the case of the petitioners that large number of villagers are aggrieved, then the petitioners can invoke the provisions of Order I Rule 8 of the CPC as may be permissible. The petitioners are at liberty to avail the said remedy. 4.

With the aforesaid observations, the PIL petition is disposed of. No costs.

5.

If such a remedy is availed, then all contentions are kept open.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE)