Dattatray Pirgonda Patil And ANR. v. The State Of Maharashtra And ORS.

pil9 and 12 ssp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELATE JURISDICTION PUBLIC INTEREST LITIGATION NO.9 OF 2001 Deendayal Sanskar Kendra & Anr.

...Petitioners

vs.

The State of Maharashtra and Ors.

...Respondents

WITH PUBLIC INTEREST LITIGATION NO.12 OF 2001 Dattatraya P. Patil & Anr.

...Petitioners

vs.

The State of Maharashtra and others

...Respondents

None for the petitioner in both the petitions Mr.S.N.Patil, AGP for the respondent Nos.1 to 4 in PIL 9/2001 and for respondent Nos.1 to 5 in PIL 12/2001 CORAM : A.S.OKA, & A.K.MENON, JJ.

DATE : JANUARY 23, 2015 P.C.:

On the earlier date, none appeared for the petitioner in both the petitions. In fact, in PIL 12 of 2001, the Court service notice was issued which has been duly served to the second petitioner. The report of the Bailiff records that the first petitioner is dead.

After having perused the averments made in the petitions and after perusing the affidavits on

pil9 and 12 record including the affidavit of Shri Ganesh F.Rathod, the Under Secretary to the Government, Revenue and Forest Department, Mantralaya, Mumbai dated 8th August 2011 and in particular statements made in paragraph 3 thereof, there is no reason to entertain these PILs.

Accordingly, PILs are rejected. Rule is discharged.

We, however, make it clear that the issue of validity of the provisions of section 40 of the Maharashtra Land Revenue Code, 1966 and Rule (5) of the Maharashtra land Revenue (Disposal of Government Land) Rules 1971 is kept open.

(A.K.MENON,J.) (A.S.OKA,J.)