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2021 Supreme(Bom) 674

SUNIL B.SHUKRE, AVINASH G.GHAROTE
Vijaysingh Gajrajsingh Chauhan – Appellant
Versus
Governor Of Maharashtra – Respondent


Advocates appeared:
Mr. C.S. Kaptan, Senior Advocate With Mr. M.C. Jeswani, for the Appellant / Mr. Ashutosh Kumbhakoni, Advocate General With Shri A.M. Deshpande, Addl. G.P., Mr. Nihalsingh B. Rathod, Advocate, for the Respondent.

JUDGMENT

Avinash G. Gharote, J. - Heard. Rule. Rule made returnable forthwith.

2. By the present petition, the amendments, to the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, in its application to the State of Maharashtra by the Governor of Maharashtra, in exercise of the powers conferred by Sub-paragraph (1) of Paragraph 5 of the Vth Schedule of the Constitution of India as published in the Gazette by notifications dated 23/02/2017, 18/05/2020, Corrigendum dated 2/6/2020, 23/09/2020 and the Government Resolution dated 28/9/2020 are under challenge.

3. The challenge is at the behest of the petitioner, who is an Advocate by profession. Mr. Ashutosh Kumbhakoni, learned Advocate General has raised a preliminary objection regarding the locus of the petitioner, to raise such a challenge. He contends that the petitioner, does not have any cause of action to challenge the validity of the amendments to the Act of 2006. The petition does not disclose any cause of action, no averments are there as to what right of the petitioner has been affected and reliance is placed on Kusum Ingots & Alloys Ltd. Vs. Union of India and another, (2004) 6 SCC 2

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