Friday, January 27, 2023

‘Abuse of Process of Court’: Bombay HC Imposes Re 1 Cost on Petitioners for Pursuing Personal Grievance

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The Nagpur bench of Bombay High Court comprising Justice Sunil B Shukre and Justice MW Chandwani has dismissed a public interest litigation while stating that the petition is an abuse of the process of court and has imposed a fine of Re 1.

The petitioners had challenged the government resolution and the guidelines issued by the Maharashtra government related to the place of origin of the persons belonging to Mahadev-Koli, Scheduled Tribes. The petitioners had submitted that they were not being issued tribe certificates by the competent authority. It was argued that the guidelines were illegal as they amounted to imposing area restrictions upon the persons desirous of obtaining caste/tribe certificates from the competent authority even after the area restrictions had been removed long back.

The petitioners further stated that there was a report submitted by Dajiba Parbat Patil, Committee, who was Deputy Chairperson, Legislative Council in the year 1986. Out of the various recommendations, one was devising an easier and less complicated system for issuance of Scheduled Tribe certificate and cancellation of the Government Publication, Tribes of Maharashtra, 1982, with a direction to not use it as a reference book.

The Additional Government Pleader argued that the petitioners were espousing a personal grievance under the pretext of the PIL. She submitted that it is for the government to decide to accept or reject the recommendations of any committee and the petitioners cannot seek any mandamus to the state for accepting those recommendations. She argued that after the Caste Certificate (Issuance and Verification) Laws in Maharashtra, in 2000, was enacted, the Dajiba Patil Committee Report lost its relevance.

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Disclaimer: This story is generated from RSS Feed and has not been created or edited by Waba News. Publisher: News18


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