Bombay High CourtWP/2337/2015dispossed offdismiss for default

Haridas S/O Wasudeo Botare v. State Of Maharashtra, Through Its Secretary, Dept. Of Forest And Revenue And 4 Others

2015-08-28Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP2337-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 2337/2015 (HARIDAS WASUDEO BOTARE VERSUS STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.S. Dhengale, counsel for the petitioner. Shri N.S. Khubalkar, A.G.P. for the R-State.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : AUGUST 28 , 2015.

By this petition, the petitioner seeks a direction to the respondents to decide the representations of the petitioner for grant of compensation to the petitioner in respect of the loss sustained by him due to floods and fire.

There is nothing placed by the petitioner on record to show that in view of any policy of the State Government, the petitioner would be entitled to claim compensation for the loss sustained by the petitioner due to floods and fire. Though a specific query was made to the learned counsel for the petitioner in this regard, the counsel was not able to answer the query. It is stated that the petitioner is only seeking a direction to the respondents to decide the representation.

In our view, a direction to decide a representation cannot be granted unless the Court is satisfied that the party seeking a direction to the Government or any other authority to decide the representation has a right to make the prayer that is made in the representation. If the petitioner or the concerned party does not have a right to seek the relief, the exercise of deciding the representation would be futile and a sheer waste of time.

WP2337-15 In view of the aforesaid, the writ petition is disposed of with no order as to costs.

JUDGE JUDGE APTE