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Bombay High CourtPIL/40/2017disposed off

Sanjay Ishwarrao Bhosikar And Another v. The State Of Maharashtra And Others

2021-01-27Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 978-PIL-117-2016 & Anr.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 978 PUBLIC INTEREST LITIGATION NO.117 OF 2016 SAHEBRAO RAOSAHEB KALE ..PETITIONER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS WITH PUBLIC INTEREST LITIGATION NO.40 OF 2017 SANJAY S/O ISHWARRAO BHOSIKAR & ORS...PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND ORS.

..RESPONDENTS ...

Mr. P. S. Anerao, Advocate for the Petitioners. Mr. S. K. Tambe, AGP for Respondents-State.

Mr. B. R. Survase, Advocate for Respondent Nos.2 to 5.

Mr. P. V. Barde, Advocate for Respondent No.7. ...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 27th JANUARY, 2021.

PER COURT:- 1.

We have heard Mr. Anerao, learned counsel for petitioners.

2.

The learned A.G.P., Mr. Barde, learned counsel for respondent no.7 and Mr. Survase, learned counsel for respondent nos.2 to 5 submit that the grievance of petitioners can be effectively dealt with by the Maharashtra Water Resources Regulatory Authority.

(2) 978-PIL-117-2016 & Anr.

3.

If the special body is constituted to look into the grievances of the present nature, it would be appropriate for petitioners to approach before the said Authority.

4.

In light of that, we dispose of both the Public Interest Litigations with liberty to petitioners to approach the Maharashtra Water Resources Regulatory Authority.

5.

All contentions are kept open. No costs.

6.

Mr. Anerao, learned counsel submits that the petitioner in Public Interest Litigation No.117 of 2016 has deposited Rs.50,000/- pursuant to the order of this Court. The learned counsel seeks refund of the said amount. The learned counsel on instructions graciously submits that amount of Rs.20,000/- be given to the Maharashtra Chief Minister Covid-19 Relief Fund.

7.

In view of that, the amount of Rs.20,000/- be transferred to the Maharashtra Chief Minister Covid-19 Relief Fund and remaining amount of Rs.30,000/- be disbursed to the petitioner in Public Interest Litigation No.117 of 2016.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/January-2021