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Bombay High Court

Shahaji Nanai Thorat @ Shahajirao ... vs The State Of Maharashtra And 2 Ors on 12 September, 2022

Author: Madhav J. Jamdar

Bench: Dipankar Datta, Madhav J. Jamdar

                                                     15-ospil25-2022+


AGK
      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
         ORDINARY ORIGINAL CIVIL JURISDICTION

       PUBLIC INTEREST LITIGATION NO.25 OF 2022
                         WITH
      IN PERSON APPLICATION (L) NO.20392 OF 2021


Shahaji Nanai Thorat Alias
Shahajirao Dhondiba Thorat             ...Petitioner
        V/s.
The State of Maharashtra & Ors.        ...Respondents



Mr. Shahaji Nanai Thorat, petitioner-in-person, is
present.
Mrs. P. H. Kantharia, Government Pleader for
respondent no. 1 (State).
Ms. K. H. Mastakar for respondent no. 2 (MCGM).


                      CORAM: DIPANKAR DATTA, CJ. &
                             MADHAV J. JAMDAR, J.
                      DATE:        SEPTEMBER 12, 2022

P.C.:

1. Ms. Kantharia, learned Government Pleader has entered appearance on behalf of the respondents 1(a) to 1(e). Ms. Mastakar, learned advocate has entered appearance for the respondent no. 2/Municipal Corporation.

2. Referring to the Government Resolution dated 18th September, 2017, available at page 71 of the writ petition, Ms. Kantharia has placed before us a further Government Resolution dated 26th July, 2019. She contends that steps are being taken to implement the decision recorded in the earlier 1 15-ospil25-2022+ Government Resolution dated 18th September, 2017. She also makes a prayer that the Slum Rehabilitation Authority may be impleaded as a respondent in this PIL petition.

3. Let affidavit-in-reply be filed by the respondents 1(a) to 1(e) indicating therein the steps that have been taken to address the concern expressed by the petitioner by three (3) weeks from date; rejoinder thereto, if any, may be filed by one week thereafter.

4. A coordinate Bench of this Court by its order dated 20th December, 2021 has over-ruled the opinion of the committee, (constituted to ascertain whether a party appearing in person is competent to address the Court) that the petitioner is not competent to argue his case in person. However, since in course of hearing, the petitioner appearing in person has addressed us in Marathi and one of us is not well conversant with such language, we direct that this PIL petition be placed before the alternate Bench on 17th October, 2022.

5. Impleadment of the Slum Rehabilitation Authority will be considered after the perusal of the affidavit-in-reply of the respondents 1(a) to 1(e).





         Digitally
                       (MADHAV J. JAMDAR, J.)                   (CHIEF JUSTICE)
         signed by
         ATUL
ATUL     GANESH
GANESH   KULKARNI
KULKARNI Date:
         2022.09.13
         14:44:42
         +0530




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