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HIGH COURT OF BOMBAY
N. J. Jamadar, J
Fayzan Khan – Appellant
Versus
Superintendent of Land Records, Mumbai Suburban District – Respondent
| Table of Content |
|---|
| 1. overview of facts concerning allegations against state authorities. (Para 1 , 2) |
| 2. arguments for public interest and misuse of section 91. (Para 4 , 5 , 6) |
| 3. court's examination of jurisdiction and legislative intent for public interest. (Para 7 , 8 , 9 , 10 , 11) |
| 4. criteria for public interest litigation under section 91. (Para 20 , 21) |
| 5. final determination of the appeal's dismissal. (Para 24 , 25) |
JUDGMENT :-
1. This Appeal under Section 104(1)(ffa) of the Code of Civil Procedure, 1908 (The Code, 1908) is directed against an order dated 4th February 2023 passed by the learned Judge, City Civil Court at Dindoshi (Borivali Division), Goregaon, Mumbai declining to grant leave to institute a suit under Section 91 (1)(b) of the Code, 1908.
2. Shorn of unnecessary details, the background facts can be stated as under:
2.1 The appellants-complainants claimed to be public spirited persons. They professed to espouse the cause of the public on account of alleged inaction on the part of the authorities in prohibiting the wrongful acts of Respondent-
Defendant No.7.
2.2. The substance of the grievance of the plaintiffs, which allegedly affects the public, is that land bearing C
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