Wednesday, February 1, 2023

Bombay High Court dismisses writ petition turned PIL by petitioner who wants to withdraw it now for Rs 15,000

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The Bombay High Court recently observed that the petitioner initially filed writ petition and thereafter converted into Public Interest Litigation (PIL) and now seeks liberty to withdraw it ,dismissed the Petition with a Cost of Rs. 15,000/- to the Petitioner.

The matter was on board on 16-03-2022 when  S. S. Deshmukh , counsel for the petitioner sought time to convert the  writ petition into PIL. The court accordingly granted leave to amend to convert the said writ petition into PIL.

The matter was mentioned on 22-04-2022 with a grievance that though the circulation was granted by the court the matter did not appear on board in view of the Minister not having caused his appearance in the matter. The Court accordingly directed the office to place the matter on board on 25-04-2022.

The papers are allowed to be produced upon mentioning of the counsel for the petitioner for seeking withdrawal. Deshmukh ,  Advocate for the petitioner tenders letter dated 25-04-2022, signed by his client instructing him to withdraw the PIL.

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On this the Division Bench of R. D. Dhanuka and Justice S. G. Mehare observed that the petitioner initially filed writ petition and thereafter converted into PIL. Before the High  court could direct the petitioner to deposit the certain amount to test the bonafides of the petitioner, the petitioner now seeks liberty to withdraw this PIL.

“In our view the petitioner has wasted the time of this court by filing such a PIL. We accordingly dismiss this petition with costs quantified at Rs. 15,000/- [Rupees Fifteen Thousand]. It shall be paid by the petitioner to the Maharashtra Legal Services Authority within one week from today”

-the order reads.

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