Abul Hasan Ali Khuram Ali Hashmi v. The State Of Maharashtra Through Chief Secretary And Others

*1* 1008pil34o22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.34 OF 2022 WITH PUBLIC INTEREST LITIGATION NO.20 OF 2021 WITH CIVIL APPLICATION NO.8332 OF 2022 IN PIL/34/2022 SHRIHARI ANANT SHIDORE AND OTHERS

VERSUS

THE COMMISSIONER /ADMINISTRATOR AND OTHERS WITH CIVIL APPLICATION NO.1872 OF 2023 IN PIL/34/2022 ABUL HASAN ALI KHURAM ALI HASHMI

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioners in PIL : Shri Mukhedkar Amit A. GP for Respondent 5/State : Shri D.R. Kale Advocate for Respondents 1 to 4/AMC : Shri S.S. Tope Standing Counsel for Respondent 7/UoI : Ms.Sudha Chintamani Advocate for Respondent 15 : Shri Sanket N. Suryawanshi Advocate for the Intervenor in CA/1873/23 : Ms.Rashmi S. Kulkarni ...

CORAM : RAVINDRA V. GHUGE & SANDIPKUMAR C. MORE, JJ.

DATE :- 14th February, 2023 Per Court :- 1.

Considering a personal difficulty of the learned

*2* 1008pil34o22 Amicus Curiae, list this matter on 21.02.2023 at 04:30 PM. 2.

Insofar as Civil Application No.1872/2023 in PIL No.34/2022 is concerned, the issue raised pertains to the Asafiya Colony in connection with the supply of potable water. Age old pipelines are still in use, which are more than three decades old and frequently suffer punctures.

3.

Considering the subject matter of the PIL and the issue raised in the Civil Application, we deem it appropriate to permit the applicant to resort to an independent proceeding, be it a writ petition or a PIL. With this liberty, Civil Application No.1872/2023 is disposed off. Needless to state, if the applicant desires to take recourse to the filing of the PIL, it shall be ensured that the same is in conformity/ compliance with Rules 5 and 7 of the Bombay High Court Public Interest Litigation Rules, 2010.

kps (SANDIPKUMAR C. MORE, J.) (RAVINDRA V. GHUGE, J.)