Murlidhar Pandharinath Bhosale v. The State Of Maharashtra And Others

{1} PIL 94.13.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 910 PUBLIC INTEREST LITIGATION NO.94 OF 2013 MURLIDHAR PANDHARINATH BHOSALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Warad Sunil V. AGP for Respondent State:Mr. A.R. Kale Advocate for Respondent No.4 :Mr. U.B. Bondar ...

CORAM : Z.A. HAQ & S. M. GAVHANE, JJ.

Date: March 03, 2020 ...

PER COURT :- Heard.

In this Public Interest Litigation (PIL) filed on 26.8.2013, the petitioner has prayed for writ of mandamus, directing the respondents - State of Maharashtra, Divisional Commissioner, Aurangabad Division, Aurangabad, Collector, Latur and the Chief Executive Officer, Zilla Parishad, Latur to decide the representations made by the villagers of village Kumtha, Tq. Ahmedpur, District : Latur and to take immediate steps for removal of encroached portion and the compound wall around the Kabrasthan, at village Kumtha, Tq. Ahmedpur, Dist. Latur. The Grampanchayat is not impleaded as party. This

{2} PIL 94.13.odt petition was listed on the last occasion on 28.1.2014. The record shows that the petitioner has not been vigilant in prosecuting the matter. The pleadings are vague and the relief sought by the petitioner cannot be granted on the basis of vague pleading.

In the facts of the case, granting liberty to the petitioner to approach the Grampanchayat with the grievances, if so advised, the PIL is disposed.

In the circumstances, parties to bear their own costs. ( S. M. GAVHANE, J. ) ( Z.A. HAQ, J. ) vbd