Ghanshyam Narayan Gayani vs The Stat Of Maharashtra And 3 Ors
2023 Latest Caselaw 12741 Bom

Bombay High Court

Ghanshyam Narayan Gayani vs The Stat Of Maharashtra And 3 Ors on 13 December, 2023

          Digitally
          signed by
          MULEY
MULEY     SHUBHAM
SHUBHAM PRAVINRAO
PRAVINRAO Date:                                        1                   12-PILL-8894-2022.doc
          2023.12.14
          14:00:24
          +0530

                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     ORDINARY ORIGINAL CIVIL JURISDICTION
                           PUBLIC INTEREST LITIGATION (L) NO. 8894 OF 2022

                   Mr. Ghanshyam Narayan Gayani                          ... Petitioner
                            V/s.
                   The State of Maharashtra & Ors.                       ... Respondents

                   Mr. Aditya Rai a/w Divakar Rai, Nitin Rai, Mayur Sosa, Raj
                   Tamhankar, Vayukumar Tiwari i/by Saurabh Tamhankar for
                   Petitioner.

                   Ms. P. H. Kantharia, GP for Respondent No.1.

                   Mr. Vishwanath Patil for Respondent Nos.2 & 3.


                                      CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. &
                                              ARIF S. DOCTOR, J.

DATED : 13th DECEMBER, 2023.

P.C. :

1. The Court on 7th July, 2022 passed the following

order;

"P.C.:

1. On behalf of respondent no.1-State, the learned Government Pleader seeks time to obtain instructions. On behalf of respondents 2 and 3 also, time is sought to seek instructions.

2. Instructions shall be obtained including the manner in which the judgment dated 26th February 2022 in Suo Motu Public Interest Litigation No.1 of 2020 in the matter of Bhiwandi-Nizampur Municipal Corporation, to the extent it applies to respondents 2 and 3, has been complied with. Let such affidavit be filed within a period of three weeks from today.

                        Shubham                                                                    1 of 2





                                     2                  12-PILL-8894-2022.doc

3. In the meantime, issue notice to respondent no.4, returnable on 4th August 2022. Private service shall also be effected."

However, the requisite Affidavit by Respondent Nos.2 and 3 has

not been filed.

2. Learned counsel representing Respondent Nos. 2

and 3 prays and is granted one week's time to file such

Affidavit. Learned counsel for representing the Petitioner shall

file Rejoinder Affidavit, if any, within two weeks thereafter.

3. Issue notice to Respondent No.4 returnable on 22 nd

January, 2024.

4. Stand over to 22nd January, 2024.

     (ARIF S. DOCTOR, J.)                            (CHIEF JUSTICE)




     Shubham                                                                   2 of 2