Shri. Dewanand Adappa Sasane v. The State Of Maharashtra And ORS

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION (St.) No. 29296 OF 2014 Mr. Dewanand Adappa Sasane ...

Petitioner Vs.

The State of Maharashtra & Ors.

...

Respondents *** Mr. Tanaji Mhatugade, for the Petitioner.

Mr. N. C. Walimbe, AGP for the Respondents - State. Mr. Akshay P. Kulkarni, for Respondent No. 17. *** CORAM : V. M. KANADE, & Smt. SWAPNA S. JOSHI, JJ.

DATE : SEPTEMBER 6, 2016 PC.

1.

By this petition / PIL, which is filed under Article 226 of the Constitution of India, the Petitioner is seeking following reliefs: "(a) The rule nisi be issued.

(b) That this Hon'ble Court be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other writ, order, or direction and call for records and proceedings of the subject in question from the Respondents.

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(c) That after granting the prayer clause (b) above, this Hon'ble Court may be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction under Article 226 of the Constitution of India directing the Respondents to take action against the persons who was held liable to misuse the land in question. (d) That after granting the prayer clause (b) above, this Hon'ble Court may be pleased to issue writ of mandamus or a writ in the nature of mandamus or any other writ, order or direction under Article 226 of the Constitution of India and direct the learned Tahasildar, Shirol to immediate initiate the enquiry as per the order dated 5.6.2010 passed by the SubDivisional Officer, Ichalkaranji Division, Ichalkaranji in Appeal No. 06 of 2010 and as per the order dated 30.5.2014 passed by the Additional Collector, Kolhapur in R. T.S. Second Appeal No. 126 of 2010 and filed the report to this Hon'ble Court about the said enquiry.

(e) Pending the hearing and final disposal of the present Public Interest Litigation, the Respondent No. 4 may be directed to immediately start the enquiry in the subject matter.

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(f) Ad-interim reliefs in terms of prayer clause (e) be granted.

(g) Grant any other relief as this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

2.

Considering the prayers / reliefs, and the averments made in this PIL, we are of the view that prima facie the dispute appears to be individual centric, and as such, therefore, we are not inclined to entertain this petition as a public interest litigation. Reserving the right of the Petitioner to resort to other efficacious remedy which is available to him in law, PIL is disposed of.

Sd/- Sd/- [Smt. SWAPNA S. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 3 / 3