Mr. Ramnagina Yadav And Another v. State Of Maharashtra And 4 Others

1 of 2 PIL.9.2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.9 OF 2015 Ramnagina Yadav and another Petitioners versus State of Maharashtra and others Respondents Mr.Devmani Shukla for Petitioners.

Mr.Milind More, Additional Govt.Pleader for Respondents 1 to 3 State.

CORAM : A.S.OKA AND P.D.NAIK, JJ.

DATE : 21st March 2016 PC :

1.

Heard learned counsel appearing for the Petitioners. By this public interest litigation (`PIL'), the Petitioners are seeking Writ of Mandamus.

2.

A PIL is also a petition under Article 226 of the Constitution of India. Before seeking a Writ of Mandamus, the Petitioners ought to have made a representation to the concerned authorities seeking redressal of their grievances. The Petitioners have not done so. The law laid down by the Apex Court in this aspect in relation to Writ of Mandamus is very clear. One such decision is in the case of Saraswati Industrial Syndicate Limited and others Vs. Union of India1. (1974)2-SCC-630

2 of 2 PIL.9.2015 3.

Accordingly, we decline to entertain this PIL. The same is disposed of by granting liberty to the Petitioners to make appropriate representation to the appropriate authorities. 4.

If such a representation is made, the same shall be considered expeditiously and in accordance with law. (P.D.NAIK, J.) (A.S.OKA, J.) MST