Feroz Shafi Khan And Another v. The Union Of India And Others

907-PIL-65-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO.65 OF 2021 WITH CA/2080/2023 IN PIL/65/2021 WITH CA/2081/2023 IN PIL/65/2021 FEROZ SHAFI KHAN AND ANOTHER

VERSUS

THE UNION OF INDIA AND OTHERS ....

Mr. S. S. Thombre, Advocate h/f Mr. Shaikh M. A. Jahagirdar, Advocate for Petitioners Mr. S. G. Karlekar, AGP for Respondent Nos. 2 to 4 - State Mr. V. D. Sapkal, Senior Advocate i/b Mr. S. R. Sapkal, Advocate for Respondent No.5 Mr. M. G. Naik, Advocate for Respondent No.7 ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:14.07.2023 PER COURT :- 1.

After extensively hearing the submissions of the learned Advocate Shri Thombre on behalf of the Petitioners, the learned Senior Advocate Shri Sapkal on behalf of Respondent No.5 and the learned Advocates for the respective sides, we were not convinced that a public cause is involved in this petition. We, therefore, expressed our disinclination to entertain this Petition as a Public Interest Litigation.

(( 2 )) 907-PIL-65-2021 2.

The learned Advocate for the Petitioners sought an overnight pass-over and submits today that the Public Interest Litigation would be withdrawn by the Petitioners and if advised, would prefer a criminal writ petition.

3.

In view of the above statement, this Public Interest Litigation is disposed off as withdrawn.

4.

The learned Advocate for the Petitioners graciously submits that an amount of Rs.50,000/- out of Rs.3,00,000/- that were deposited in this Court, be donated for a public cause for supporting an institution like the orphanage home, namely "Shantivan", Arvi, Tq. Shirur Kasar, District Beed. " Bhavani Vidyarthi Kalyan Pratishthan, Arvi", which takes care of orphans.

5.

Therefore, out of the amount of Rs.3,00,000/-, the Registry shall transfer Rs. 50,000/- to State Bank of India, Branch Shirur (Kasar), Account No.33446000963 IFSC No. SBIN0005995. 6.

The remainder amount of Rs.2,50,000/- along with accrued interest, may be withdrawn by the Petitioners. 7.

Pending civil applications would not survive and stand disposed off.

(( 3 )) 907-PIL-65-2021 8.

Insofar as the desire of the Petitioners to prefer criminal writ petition, we leave it to the concerned Court to deal with the said litigation, if filed.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS