Dilipkumar Ramchandra Chaubey v. The Union Of India And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ______________________________________________________ PUBLIC INTEREST LITIGATION NO. 114 OF DILIPKUMAR RAMCHANDRA CHAUBEY

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for the petitioner:Mr.M.M.

Bhokarikar Mr. A.B. Girase, GP a/w Mr.S.J. Salgare, AGP for respondent/State Advocate for respondent Nos.4 and 5:

Mr.S.D. Kulkarni Advocate for respondent No.6 : Mr. R.S.

Kulkarni ...

CORAM: S.S.SHINDE & S.M. GAVHANE, JJ.

Dated: April 24, 2018 ......

We have heard learned counsel appearing for the parties. We have carefully perused the particulars of the petitioner. It is clearly stated by the petitioner that, he is having dealership of LPG of respondent no.4, Bharat Petroleum Corporation Ltd., at Jalgaon.

2.

The issue raised in this Public Interest Litigation is taking exception to the policy decision taken by the Respondent-Corporation.

Since the petitioner himself is having the dealership of LPG of respondent No.4, in our opinion, the petitioner is affected party and has personal interest in the Petition. In that view of the matter, we decline to entertain this Petition. Hence the Petition stands disposed of.

However, we make it clear that, disposal of this Public Interest Litigation cannot be construed as an impediment to the petitioner to avail of an appropriate remedy, in case, he has any individual grievance.

3.

Learned counsel appearing for the petitioner, on instructions, submits that, out of the amount of Rs.1,00,000/- deposited by the petitioner in the Registry of this Court, an amount of Rs.20,000/- may be transmitted to "the Superintendent, Government Certified School for Girls, Paithan, DistrictAurangabad and the remaining amount of Rs.80,000/- may be returned to the

petitioner.

4.

In that view of the matter, we direct the Registry to transmit an amount of Rs.20,000/- to the Superintendent, Government Certified School for Girls, Paithan, District Aurangabad and the amount of Rs.80,000/- be refunded to the petitioner.

(S.M. GAVHANE,J) (S.S. SHINDE,J) SGA/