Balaji Dhondiba Kompalwar And Others v. The State Of Maharashtra And Others

1 pil 97.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD PUBLIC INTEREST LITIGATION NO. 97 OF 2016 Balaji Dhondiba Kompalwar and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Anilkumar B. Dhongade, Advocate for Petitioners. Shri S. B. Yawalkar, Addl.G.P. for Respondent Nos. 1 to 3. CORAM : S. C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE : 28TH JULY, 2017.

PER COURT :

.

Heard both sides. Perusing affidavit in reply, we do not think that the High Court can issue writ of mandamus to take decision particularly about location of a revenue division or anything in terms of Sec. 4 of the Maharashtra Land Revenue Code. Everything that has been envisaged is within the discretion of the State Government. The discretion of the State Government cannot be directed to be exercised in a particular manner and according to the liking of the petitioners. 2.

We do not think any decision already taken, but not implemented adversely affects any vested right of the petitioners. In the circumstances and when this is

2 pil 97.16 public interest litigation, we are not inclined to interfere. Hence public interest litigation is dismissed.

[MANGESH S. PATIL, J.] [S. C. DHARMADHIKARI, J.] bsb/July 17