Jitendra P. Maru vs. Administrator Of Daman And Diu
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Order Issued After Hearing
Purpose:
Fixed Date by Court
Before:
Hon'ble Abhay S. Oka, Hon'ble Pankaj Mithal
Stage:
AFTER NOTICE (FOR ADMISSION) - CIVIL CASES
Remarks:
Leave Granted & Disposed off
Listed On:
10 Sept 2023
In:
Judge
Category:
UNKNOWN
Original Order Copy
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Order Text
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO(S). OF 2023 (ARISING OUT OF S.L.P (CIVIL) NO(S). 19033 OF 2023)
JITENDRA P. MARU APPELLANT(S)
VERSUS
ADMINISTRATOR SECRETARIAT & ORS. RESPONDENT(S)
O R D E R
Leave granted.
Heard the learned counsel appearing for the first and second respondents. Other respondents are unrepresented, though service is effected on them.
We have perused the prayer made in Public Interest Litigation No.92 of 2019. The prayer in the PIL was for quashing of the approval granted on 17th September, 2019.
From the impugned order, we find that the High Court has declined to entertain the PIL on the ground that clearance/approval has been granted on 17th September, 2019. The High Court did not notice that the challenge was itself to the approval granted on 17th September, 2019. As the said challenge has not been gone into on merits, we set aside the impugned order dated 18th April, 2023 and restore Public Interest Litigation No.92 of 2019, to the file of the High Court.
The Civil Appeal is disposed of accordingly.
..........................J. (ABHAY S.OKA)
..........................J. (PANKAJ MITHAL)
NEW DELHI; October 09, 2023.
S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 19033/2023
(Arising out of impugned final judgment and order dated 18-04-2023 in PIL No. 92/2019 passed by the High Court of Judicature at Bombay)
JITENDRA P. MARU APPELLANT(S)
VERSUS
ADMINISTRATOR SECRETARIAT & ORS. RESPONDENT(S)
Date : 09-10-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE ABHAY S. OKA HON'BLE MR. JUSTICE PANKAJ MITHAL
For Petitioner(s) Mr. Mandeep Kalra , AOR
For Respondent(s) Mr. Shreekant Neelappa Terdal, AOR Ms. Mrinal Elkar Mazumdar, Adv. Ms. Indira Bhakar, Adv. Mr. Shashwat Parihar, Adv. Dr. Arun Kumar Yadav, Adv.
UPON hearing the counsel the Court made the following O R D E R
Leave granted.
The Civil Appeal is disposed of in terms of the signed order.
Pending application, if any, shall stand disposed of.
(ASHISH KONDLE) (AVGV RAMU) COURT MASTER (SH) COURT MASTER (NSH)
[THE SIGNED ORDER IS PLACED ON THE FILE]