Abdul Samee Siddiqui v. The State Of Maharashtra And 5 ORS

(31)PIL85-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.85 OF 2024 Abdul Samee Siddiqui ] ..

Petitioner vs.

State of Maharashtra & Ors.

] ..

Respondents Mr.Bahraiz Irani a/w Afrin Dalal and Anosh Irani for the Petitioner. Ms.P.H. Kantharia, GP a/w Ms.Jyoti Chavan, Addl. GP and Mr.Himanshu Takke, AGP for State-Respondent Nos.1 to 3. Ms.Aditi Phatak a/w Vijay S. i/b BLAC Co. for Respondent No.4. Mr.Joel Carlos for Respondent No.6.

CORAM :

ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATE :

29th JANUARY, 2025.

P.C.

1.

In this Petition, which is filed by way of Public Interest Litigation, the Petitioner interalia prays for a writ of certiorari seeking to set set and quash the impugned order dated 20/12/2017 passed by Respondent No.5 . The Petitioner, in addition, has sought a direction to take necessary steps on several complaints made by the Petitioner. 2.

The Writ Petition was filed by the Petitioner as an aggrieved person. However, on 18/02/2022, the Petitioner sought liberty to reregister the Public Interest Litigation and he was permitted to do so subject to compliance of the Public Interest Litigation Rules. 1/2

(31)PIL85-2024.doc 3.

On 16/02/2023 the Petitioner sought deletion of prayer clause (g) so that his Petition is entertained as a Public Interest Litigation as he prayed that the RBI had failed to take action against Respondent No.6, with regard to illegality committed. To test the bonafides of the Petitioner and as a security, he was directed to deposit an amount of Rs.5,00,000/- within four weeks.

4.

On 31/03/2023, the Court reduced the amount of deposit to Rs.3,00,000/- and the Petitioner has deposited the said amount to show his bonafides.

5.

We have noticed that even though this Writ Petition has been filed as Public Interest Litigation, yet the averments made in the same show that the Petitioner is an aggrieved person. 6.

In view of this fact, the learned counsel for the Petitioner seek liberty to file a fresh Petition, if so advised. 7.

The Office is directed to refund the amount of Rs.3,00,000/- deposited by the Petitioner before this Court. 8.

In view of above said submission, Public Interest Litigation is dismissed as withdrawn, with liberty as prayed for. (BHARATI DANGRE, J.) (CHIEF JUSTICE) 2/2