Ganesh Baburao Khochare And Another v. The State Of Maharashtra Through Principal Secretary And Others

2023:BHC-AUG:27034-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 WRIT PETITION NO. 14849 OF 2023 GANESH BABURAO KHOCHARE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ....

Mr Sanjay A. Wakure, Advocate for Petitioners; Mr S. K. Tambe, A.G.P. for Respondent Nos.1 to 3 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 19th December, 2023 PER COURT:

1.

In view of the order of the learned Registrar (Judicial) of this Court, dated 15/12/2023, this Writ Petition is before this Court.

2.

This is apparently a Petition preferred by the two persons without a locus standi. The Petitioners are neither the bidders nor are they participants in any of the projects. The prayer put forth is that, the E-tenders be cancelled and the order passed by the District Collector, Dharashiv, be quashed and set aside.

(2) 3.

The Petitioners have not come before this Court with any personal injury or cause. Neither do they indicate from the pleadings, as to what is the loss caused to them. They are Ex-Corporators of the Municipal Council, who claim to be aggrieved by certain development plan.

4.

In view of the above, this Writ Petition cannot be entertained. The learned Advocate for the Petitioners submits that, he will take instructions from the Petitioners, as to whether they are ready to deposit Rs.5,00,000/- each, for converting this Writ Petition into a Public Interest Litigation. However, later he submits that the Petitioners shall file a separate Public Interest Litigation.

5.

In view of the above, this Petition is disposed off. 6.

In the event, the Petitioners prefer a Public Interest Litigation, the same would be considered in the light of the above and Rule 7A(i) of the Bombay High Court Public Interest Litigation Rules, 2010.

(3) (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk