Bombay Lawyers Association v. State Of Maharashtra And ORS.

pil-59.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.59 OF 2015 Bombay Lawyers Association ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents Mr. S.Y. Sharma i/by Abdi & Co. for the Petitioner. Smt. P.H. Kantharia, Government Pleader a/w Mr. B.B. Sharma, AGP for the Respondent Nos.1 to 3 - State.

CORAM : A.S. OKA & G.S. PATEL, JJ.

DATE : 14th DECEMBER, 2015 P.C.

1.

Heard the learned counsel appearing for the Petitioner. The only substantive prayer made in this Petition is prayer clause (a) which read thus :- "(a) This Hon'ble Court be pleased to issue appropriate writ or direction or order to the Respondents to construct a sub-way at M.G. Road between High Court and Flora Fountain on priority basis."

2.

The Petitioner is seeking a writ of mandamus. 3.

The Petitioner ought to have approached the concerned Authorities with a demand for construction of sub-way. Without making

pil-59.15 a demand for justice, this Petition under Article 226 of the Constitution of India has been filed which cannot be entertained. 4.

The learned counsel appearing for the Petitioner states that an Engineer of the second Respondent has already visited the site. It is for the Petitioner to make appropriate representation to the concerned Respondents. By granting liberty to the Petitioners to make a representation, we dispose of the Petition.

(G.S. PATEL, J ) (A.S. OKA, J )