Cyril Samuel Dara v. State Of Maharashtra

5-PIL-57-2024.doc Pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO. 57 OF 2024 Cyril Samuel Dara .. Petitioner

Versus

State of Maharashtra & Ors.

.. Respondents Mr. Suhas S. Deokar a/w Atharv A. Gidaye for petitioner. Dr. Birendra Saraf, Advocate General with Smt. Prachi Tatake, Addl. Govt. Pleader for respondent nos. 1 and 2. Mr. Ram Apte, Senior Advocate with Mr. Prafulla Shah i/by Ms. Gunjan Shah for respondent no.3.

CORAM:

ALOK ARADHE, CJ. & M. S. KARNIK, J.

by PRAVIN DASHARATH PANDIT Date:

2025.04.29 17:44:28 +0530 DATE:

28th APRIL, 2025 PRAVIN DASHARATH PANDIT P.C.:

1.

The petitioner claims to be an Advocate and has filed the petition as Public Interest Litigation in which following reliefs are claimed: - "(a) That by Writ of Mandamus and or by appropriate Writ, Direction and Order of similar nature, Your Lordships be pleased to quash and set aside the impugned government memorandum dated 16/03/2024 issued by Respondent No.1 annexed and exhibited at "I".

(b) That by Writ of Mandamus and or by appropriate Writ, Direction and Order of similar nature, Your Lordships be pleased to quash and set aside the impugned government decision dated 25/7/2019 issued by Respondent No.1 annexed and exhibited at "E".

5-PIL-57-2024.doc (c) That by Writ of Mandamus and or by appropriate Writ, Direction and Order of similar nature, Your Lordships be pleased to direct the Respondent No1 to allot the land having C.S.No. 471 of Bhuleshwar Division, Mumbai to any other person or institution having extraordinary merit and exceptional performance in the field of sporting activities with the condition that the said land/playground shall be available to the public at large as it was in the earlier lease."

2.

Learned Advocate General has invited the attention of this Court to ground (a) pleaded in the PIL and has submitted that the instant PIL on petitioner's own showing has been filed to support the endeavour of the students of Wilson College. It is further submitted that in respect of reliefs claimed in the PIL, the Management of Wilson College has filed Writ Petition Nos. 4922 of 2024 and 6150 of 2024, which are pending adjudication before this Court.

3.

The aforesaid submission is placed on record. 4.

In view of the fact that the subject matter of the PIL is already being examined by this Court in Writ Petition Nos.4922 of 2024 and 6150 of 2024 at the instance of the aggrieved party, we are not inclined to entertain the present PIL.

5.

Accordingly, the PIL is dismissed.

(M. S. KARNIK, J.) (CHIEF JUSTICE)