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Bombay High CourtSMPIL/4/2024disposed off

Dr. Bhalchandra S/O Jageshwar Subhedar v. State Of Maharashtra, Through Secretary, Ministry Of Urban Development, Mumbai And Others

2024-12-11Hon'Ble Shri Justice Nitin W. Sambre , Hon'Ble Shri Justice Sachin S. Deshmukh2 pages

1 928.PIL.41.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR PUBLIC INTEREST LITIGATION NO.41/2019 Dr. Bhalchandra s/o. Jageshwar Subhendar Vs.

State of Maharashtra and Ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Akshaya Sudame, Advocate for Petitioner.

Mr. D. P. Thakare, Addl G.P. for Respondent Nos.1, 3 and 4/State. Mr. G. A. Kunte, Advocate for Respondent No.5. Mr. S. C. Reddy, Advocate h/f. Mr. S. P. Bhandarkar, Advocate for Intervenor.

CORAM : NITIN W. SAMBRE AND MRS.VRUSHALI V. JOSHI, JJ.

DATED : 11/12/2024.

.

We have seen the pursis dated 22.11.2024 wherein an intimation is placed on record that the petitioner, one of the renowned physicians in the City of Nagpur in central area, who was pursuing this petition, has expired.

2.

The issue sought to be canvassed in the petition is in relation to the non-functioning of one of the Medical Institutes, which was catering the need of the people of Nagpur and the same was operated on cooperative basis. 3.

The said institute has come to stand still and the efforts through this P.I.L. was to make the same operational, if not by the co-operative Society, by the State Government for the very same purpose for which the land was allotted to the Co-operative Society.

4.

Considering the nature of the claim sought to be canvassed in the petition, we are satisfied that the issue

2 928.PIL.41.19 pertains to the importance of larger public interest. 5.

That being so, we direct the present Public Interest Litigation No.41/2019 to be treated as a Suo Motu Public Interest Litigation.

6.

Office to make appropriate notice to that effect. 7.

We post the matter for consideration on 10.02.2025.

8.

We further appoint Mr. Akshaya Sudame, the learned Counsel to conduct the Public Interest Litigation in the capacity of Amicus Curiae.

(MRS. VRUSHALI V. JOSHI, J.) (NITIN W. SAMBRE, J.) RGurnule Signed by: Mrs. R.M. MANDADE Designation: PA To Honourable Judge Date: 13/12/2024 10:36:08