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Bombay High CourtPIL/1/2024disposed off

Gopal S/O Ganpatrao Amrutkar And Others v. State Of Maharashtra, Thr. Principal Secretary To Honble Chief Minister, Mumbai And Others

2024-01-19Hon'Ble Shri Justice Avinash G. Gharote , Hon'Ble Smt. Justice M. S. Jawalkar2 pages

2024:BHC-NAG:771-DB 1 1.PIL.1-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR PUBLIC INTEREST LITIGATION (PIL) NO. 1 OF 2024 ( Gopal S/o Ganpatrao Amrutkar & Ors.

Vs.

State of Maharashtra, Thr. Its Principal Secretary to Hon'ble Chief Minister, Mantralaya, Mumbai & Ors. ) Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.M. Chandekar, Advocate for the Petitioners. Mrs. S.S. Jachak, Addl.GP for the Respondents/State. CORAM: AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.

DATED : 19th JANUARY, 2024 Heard Mr. Chandekar, learned counsel for the petitioners and Mrs. Jachak, learned Addl.GP for the respondents/State.

2.

Mr. Chandekar, learned counsel for the petitioners, in context of the communication dated 16.01.2024 issued by the Chief Executive Officer, Zilla Parishad Chandrapur to the BDO of the respective Panchayat Samitis in the District (page 18) contends, that everyone named therein is forced to participate in the proceedings for cleaning of the Temple.

3.

A perusal of the communication however would indicate that such participation is not compulsory but appears

2 1.PIL.1-2024.odt to be voluntary. In case, anybody voluntarily intends to participate in the programme there cannot be any restriction upon that. In that view of the matter, nothing survives in the Public Interest Litigation, the same is disposed of in view of the above.

(SMT. M.S. JAWALKAR, J.) (AVINASH G. GHAROTE, J.) SD. Bhimte Signed by: S.S. Wadkar (SSW) Designation: PS To Honourable Judge Date: 19/01/2024 15:53:37