Nilesh Baburao Shinde v. The State Of Maharashtra Through Its Principal Secretary And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 903 PUBLIC INTEREST LITIGATION NO.57 OF 2023 WITH CA/13301/2023 IN PIL/57/2023 WITH CA/13418/2023 IN PIL/57/2023 WITH CA/13416/2023 IN PIL/57/2023 NILESH BABURAO SHINDE
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ....
Mr Mahesh Deshmukh, Advocate h/f Mr P. P. Tayade, Advocate for Petitioner;
Mr Birendra Saraf, Advocate General for Respondents/State Mr V. D. Salunke, Senior Advocate i/b Mr V. S. Kadam with Mr Amol Chalak, Mr Y. M. Jadhav, Mr S. C. Bhosale Mr D. A. Madake, Mr U. M. Mhaske and Mr S. S. Tope, Advocates for Intervenors CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 3rd November, 2023 PER COURT:
1.
We have considered the submissions of the learned Advocate General appearing for the State of Maharashtra Dr. Birendra Saraf, who has addressed us through the Video Conferencing mode. He submits on instructions that, since the person, who was on a hunger fast, has given up his fast, this PIL can be disposed off.
(2) 2.
The learned Advocate for the Petitioner submits that, this Public Interest Litigation can be disposed off, as the Petitioner does not have a cause to be pursued.
3.
We have perused the office objection, indicating that the Public Interest Litigation is not in a proper format, as prescribed under Rule 4(e) of the Bombay High Court Public Interest Litigation Rules, 2010 ('the 2010 Rules'). 4.
While we are permitting the Petitioner to withdraw this Public Interest Litigation, we caution that, henceforth, a Public Interest Litigation filed by the present Petitioner or any other Petitioner, invoking a cause in the public interest, would be scrutinized by the Registry of this Court, so as to assess, as to whether it is in tune with the Bombay High Court Public Interest Litigation Rules, 2010. Only after compliance of the Rules, a Public Interest Litigation would be registered, subject to further orders of this Court, to be passed under Rule 7A(i) of the 2010 Rules.
5.
This Public Interest Litigation is, therefore, disposed off, as withdrawn on instructions.
(3) 6.
All pending Civil Applications would not survive and the same stand disposed off.
(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk