MAHENDRA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By the present proceedings filed in Public Interest the petitioners who claim to be public spirited citizens seek to raise a challenge to the Request For Proposal (RFP) published on 23/12/2022 inviting proposals for commercial development of land admeasuring 7442.70 square meters situated in the vicinity of Nawathe Square, Amravati - Badnera Road, Amravati. Principally, the petitioners contend that implementation of the aforesaid RFP would result in revenue loss to the Amravati Municipal Corporation (for short, AMC) thus compromising its interest.

(2.) We have heard the learned Advocates for the parties and we have perused the documents on record. Before proceeding to consider the grievance sought to be raised in the present proceedings, it would be necessary to consider the credentials of the petitioners since they have sought to invoke the jurisdiction of this Court in public interest. The petitioners nos. 1, 2 and 4 claim to be former Corporators of the AMC while the petitioner no.3 claims to be the District President of Congress Party Cell who is also engaged in business and undertakes the social work. In para 2-B of the proceedings it has been pleaded that there are no pending litigations against the petitioners except one offence against the petitioners vide F.I.R.No.0073 registered under Ss. 353, 448, 341, 176, 501 and 135 of the Indian Penal Code at Police Station City Kotwali. In the additional affidavit that has been filed by each petitioner under Rule 7 of the Bombay High Court Public Interest Litigation Rules, 2010 (for short, the Rules of 2010), the petitioner nos. 1 to 3 have referred to the aforesaid offence registered against them while the petitioner no.4 has categorically stated that there is no civil or criminal litigation pending against him.

(3.) In the reply filed on behalf of the respondent no.7, it has been specifically pleaded that the petitioner no.1 has been prosecuted in twenty cases while two criminal cases against him are pending. The petitioner no.2 has been prosecuted in twenty-three cases. The petitioner no.3 has been prosecuted in fourteen cases while five criminal cases are pending against him. As regards the petitioner no.4, he was prosecuted in eleven cases and nine other cases are pending against him. These details are said to have been obtained by the respondent no.7 from the Website of the District Court, Amravati.