Shivkumar Rambir Singh Chauhan v. The State Of Maharashtra And 5 ORS

oswp2543.doc ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2543 OF 2017 Shivkumar Rambir Singh Chauhan

...Petitioner

vs.

State of Maharashtra & Ors.

...Respondents

Ms Saheli Koli I/b Mr.A.R.Bhatt for the Petitioner Mr.A.L.Patki, Addl.G.P for the respondent Nos.1 &4 Mr.Anoop V. Ptil for respondent No.2 Mr.P.Y.Shankar for respondent nO.6.

CORAM : A.S.OKA, & M.S.SANKLECHA,JJ.

DATE : MARCH 14, 2019 P.C.:

The learned counsel for the petitioner seeks time. An objection is raised by the contesting respondent to the locus of the petitioner. We have perused the averments made in this petition. The allegations made in this petitions are regarding a development scheme. Several illegalities have been alleged.

A writ of mandamus is prayed for enjoining the State of Maharashtra to investigate the matter. The law is very clear. The petitioner who seeks a writ of mandamus must first approach the concerned Authorities calling upon the Authorities to redress his grievance. In the present case, the

oswp2543.doc averments made in this petition show that after year 2013, the petitioner has not made any grievance about any illegality to any Authority. If the grievance made by the petitioner still subsists today, it is for the petitioner to move the concerned Authorities with appropriate representation.

Hence, subject to what is observed above, we decline to entertain this petition under Article 226 of the Constitution of India. Writ Petition is rejected.

We however make it clear that the issue of locus of the petitioner is expressly kept open. (M.S.SANKLECHA,J.) (A.S.OKA,J.)