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Synopsis

A division bench of the Bombay High Court, consisting of Chief Justice Devendra K Upadhyaya and Justice Arif Doctor, remarked on Wednesday that the court has adopted a liberal approach in considering Public Interest Litigations.

"We will impose costs. We have been very liberal in entertaining PIL," the bench said. 

The high court was hearing a Public Interest Litigation (PIL) brought forth by Sunil Modi, challenging the transfer of a City Chief Engineer to the hydraulic department within the Municipal Corporation of Kolhapur.

Under scrutiny was a transfer order carrying the signature of Maharashtra Chief Minister Eknath Shinde. The plea entailed seeking a writ of quo warranto against the legitimacy of such a transfer.

Chief Justice Devendra K Upadhyaya strongly criticized the petitioner, questioning the appropriateness of filing a Public Interest Litigation (PIL) seeking a writ of quo warranto in a service-related issue.

"What is quo warranto ? Do you understand? It may be absolutely unlawful. What do you ask for? You challenge the appointment. Transfer can be challenged by quo warranto? Whether quo warranto is available to challenge transfer orders? How do you know it's a service matter. Can you file a PIL in service matter. There are not 1 but 200 judgments. We will not allow you to withdraw. This is a misuse of PIL," Chief Justice said.

The petitioner argued that the transfer had a detrimental impact on civic amenities in the city, which, according to them, constituted a matter of public interest.

In response, the bench advised the petitioner to file a separate petition specifically addressing the concerns related to civic amenities in the city

Advocate Avinash Gokhale who appeared for the petitioner then agreed to withdraw the PIL.

The bench while allowing the petition to be withdrawn refrained from imposing cost and told the counsel that, 

"Please go and read Quo Warranto"

Case title: Sunil Modi vs State of Maharashtra