Balkrishna Bateshwar Kharade v. Tahsildar Solapur And ORS

914-124-2023-PIL=.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CIVIL APPELLATE JURISDICTION PUBLIC INTEREST LITIGATION NO. 124 OF 2023 Balkrishna Bateshwar Kharade ... Petitioner Digitally signed by UDAY SHIVAJI JAGTAP Date:

2025.12.01 20:43:04 +0530 UDAY SHIVAJI JAGTAP

Versus

Tahasildar Solapur & Ors.

... Respondents .............

Mr. Ashok Tajane for the Petitioner.

Mr. R.P. Kadam, B Panel Counsel for the Respondent - State. .............

Coram : M. S. Karnik & Ajit B. Kadethankar, JJ.

Date : November 28, 2025.

P. C. :

1.

In the present petition, the petitioner prays for reliefs in terms of prayer clause (b), which reads thus :- "(b) This Hon'ble High Court be pleased to take action on the Respondents in view of order dated 05.09.2019 in PIL No. 86 of 2014 and the inquiry report / Aidavit submitted therein by Shri. Vijay Hinge, Divisional Forest Oicer (Wild Life Pune) dated 30.10.2014."

2.

PIL No.86 of 2014 was disposed of by this Court on 5th September 2019 by issuing various directions. The very same relief which was subject mater of PIL No. 86 of 2024, is iled by way of present Public Uday S. Jagtap 1 of

914-124-2023-PIL=.doc Interest Litigation. Learned counsel Mr. Tajane submitted that the present PIL is very much maintainable as he is actually seeking execution of the order dated 5th September 2019. 3.

In our opinion, if at all the petitioner seeks execution or breach of the order dated 5th September 2019 the remedy of the petitioner is elsewhere and not by again iling a PIL for the purpose of same reliefs forming subject matter of PIL No. 86 of 2014. We keep all contentions open and liberty to the petitioner to avail of appropriate remedy for execution of order dated 5th September 2019 or adopting appropriate course alleging breach of the order dated 5th September 2019. 4.

This PIL is iled bona ide, and the time spent in prosecuting the PIL be considered sympathetically when proceedings initiated for implementation of the order of 5th September 2019. 5.

The Writ Petition is disposed of.

[Ajit B. Kadethankar, J. ] [ M. S. Karnik ] Uday S. Jagtap 2 of