Manohar Babarao Dhonde v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 5 PUBLIC INTEREST LITIGATION NO. 50 OF 2017 MANOHAR BABARAO DHONDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. Sagar Killarikar Balaji L. GP for Respondents: Mr. A.B. Girase ...

CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE :

03.07.2017.

P.C. :- .

After arguing this Public Interest Litigation for some time Mr. Killarikar on instructions from the petitioner seeks leave to withdraw it with liberty to approach the Chief Secretary of the Government of Maharashtra and invite his attention to the fact that it is the Department of Planning and in co-ordination with the Ministry of Finance which should provide the funds and while providing them they should ensure that the memorial is constructed in the District Solapur under the auspices of the ministry who have been notified in the earlier Government Resolution and not proceed strictly by the latest Government Resolution dated 20.03.2017.

2.

We are of the view that these are not matters which can be

( 2 ) 5 pil 50.17 brought before this Court even at the instance of a public spirited citizen. How a memorial should be constructed, its location and how the State funds have to be provided and expended are entirely policy matters and we cannot in our limited jurisdiction direct the State to take a particular course. Hence we dispose of this Public Interest Litigation with liberty as prayed for.

[MANGESH S. PATIL, J.] [S.C. DHARMADHIKARI, J.] mub