FORUM FOR FAST JUSTICE Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) By way of the present Petition filed in the public interest, the Petitioners have sought the following reliefs, viz.

(2.) Mrs. Kantharia, Learned Government Pleader appearing on behalf of Respondent at the outset raised a preliminary objection and submitted that the issue raised in the present Petition, had already been decided by this Court in an earlier Public Interest Litigation (PIL) in the case of Shree Sandeep Pandurang Patil Vs. The State of Maharashtra & Ors,PIL No.148 of 2016 She submitted that thereafter another PIL(PIL No. 164 of 2016 Kakasaheb Damodhar Kakde vs The State of Maharashtra) raising a similar challenge was filed which was also dismissed by this Court. She submitted that copies of both these judgements/orders were annexed to the Affidavit in Reply filed on behalf of the State of Maharashtra. She then invited our attention to the order dtd. 20/1/2023 passed in the present Petition by which the Petitioners had sought time to go through the said judgments. She pointed out that the Petitioner had thereafter not filed any Rejoinder to the said Affidavit-in-Reply nor dealt with either of the said judgments.

(3.) When we inquired of Mr. Raiyani i.e., Petitioner No. 2 appearing in person, as to how the present Petition would be maintainable in light of the judgement of this Court in the case of Shree Sandeep Pandurang Patil (supra), instead of answering the query of the Court Mr. Raiyani proceeded to read out the entire Petition. The Court asked Mr. Raiyani to advance legal submissions and not merely read out the Petition. Mr. Raiyani however proceeded to continue to read out the Petition in its entirety. After he completed reading out the Petition, he tendered written submissions which he also read out. We must record here that Mr. Raiyani therefore did not make any legal submissions in support of the aforesaid prayers, nor did he answer the query of the Court as to how the Petition was maintainable in view of the judgement of this Court in the case of Shree Sandeep Pandurang Patil (Supra).