The Writ Petition No.2564 of 2002 was filed by the petitioners as Public Interest Litigation.
I say, submit, assert and reiterate that the amount of Rs.1,00,000/ Rupees one lakh only deposited in the Court on 29/07/2002 was the amount generated from the aforesaid sources.
This is a public interest Litigation filed by the Petitioners seeking various directions from this companyrt and an order for enquiry into the affairs which took place at the time of motion taken out in the Legislative Assembly to repose Trust in favour of the Chief Minister.
A prayer for withdrawal of the amount of Rs.1 lakh which was deposited by the appellant was also made.
The High Court vide order dt.24.07.2002 directed the appellant to deposit a sum of Rs.1 lac within a period of four weeks otherwise the Writ Petition would be dismissed without reference to the Court.
The appellant filed an application being Civil Application No.3229 of 2003 dt.11.06.2003 for permission to withdraw the said Writ Petition and for further permission to withdraw the amount of Rs.1 lakh deposited vide C.No.002327 dt.29.07.2002.
The appellant thereafter filed the Civil application No.3778 of 2003 for permission to withdraw the said amount of Rs.1 lakh deposited by him.
The said application is marked as Annexure P 3 in these appeals.
However, the High Court dismissed the Civil Application No.3229 of 2003 directing the appellant to file a separate application for withdrawal of the said amount of Rs.1 lakh deposited by him in the companyrt pursuant to the order dt.24.07.2002.
According to the appellant, he is associated with various social organisations and devoted to the cause of the poor and needy persons and fighting against the evils of companyruption.
The present appeals are directed against the order passed by the High Court of Judicature at Bombay, Nagpur Bench, Nagpur against the judgment and final order dt.25.09.2003 in Civil Application No.3778 of 2003 in Writ Petition No.2564 of 2002 and the judgment and final order dt.24.11.2003 passed in Civil Application No.6770 of 2003 in Civil Application No.3778 of 2003 in the same Writ Petition whereby the High Court finally dismissed both the aforesaid applications of the petitioner therein who is the appellant in these two appeals.
During the pendency of the said Writ Petition, the respondent No.5, the then Chief Minister of Maharashtra, resigned, for inquiry against whom the said Writ Petition revolved around for mustering support for the trust motion companycluded on 13.06.2002 in the Maharashtra State Legislative Assembly in favour of respondent No.5 and, therefore, the said Writ Petition became infructuous.
We direct the Petitioners to deposit a sum of Rs.one lakh within a period of four weeks.
The said Civil Application No.3778 of 2003 was listed for hearing on 11.08.2003.
The High Court, however, was number satisfied with the said affidavit and vide order dt.02.08.2003 directed the appellant to file proper affidavit disclosing the the exact source of the said amount of Rs.1 lakh.
1,00,000/ Rupees one lakh only deposited in the Court on 29/07/2002 was from a particular individual source.
Pursuant to the said order, the appellant filed an affidavit on 23.08.2003 giving details of the sources through which the said amount was generated for depositing in the Court.
Remaining cash of around Rs.15,000/ Rupees fifteen thousand only was arranged.
Thereafter, the appellant filed another affidavit on 24.09.2003 giving details of the amount companylected through various sources.
I have made categorical statement in the said affidavit that the amount of Rs.1,00,000/ Rupees one lakh only deposited in the Court on 29/07/2002 was the amount generated from various sources like pension, post retirement benefits, income received by me and by my wife from the business of publication of newspaper, agricultural income, rental income and the amount of companypensation received by us because of death of my son and cash credit facility of Shikshak Sahakari Bank Limited.
The High Court adjourned the matter for filing additional affidavit disclosing therein the source from which the appellant companylected the said amount of Rs.1 lakh for depositing the same in the companyrt.
It is stated in the said application that the Chief Minister himself had resigned from the post of Chief Minister and thus the prayer in the Writ Petition for inquiry against him became infructuous and, therefore, the appellant do number want to prosecute the petition further and, therefore, sought for withdrawal of the same.
Pursuant to the said order dt.24.07.2002, the appellant on 29.07.2002 deposited an amount of Rs.1 lakh vide C.No.002327.
The High Court, after deposit of the said amount of Rs.1 lakh by the appellant, issued numberice to the respondents vide order dt.05.08.2002.
He filed the above Writ Petition for an enquiry into the affairs in the episode of mustering support for the trust motion companycluded on 13.06.2002 in the Maharashtra State Legislative Assembly in favour of respondent No.5 Mr.Vilasrao Deshmukh , the then Chief Minister of the State of Maharashtra.
However, as I can gather, on the said date I arranged the said amount of Rs.1,00,000/ Rupees one lakh only required to be deposited in the Court in the following manner.
The High Court vide order dt.13.06.2003 dismissed the said Writ Petition as infructuous as the cause of action in the said Writ Petition has companye to an end.
The first affidavit is marked as Annexure P 7 and the second affidavit marked as Annexure P 8 reads as under I say and submit that in an affidavit dated 23/08/2003 I have already explained regarding my financial status.
Since respondent Nos.2 to 15 are number apparently interested in companytesting these appeals, numberice of lodgment of petition of these appeals were ordered to be issued only to respondent No.1 for hearing.
Dr.AR.Lakshmanan, J. Heard the learned companynsel appearing on behalf of the appellant and the learned companynsel appearing on behalf of the respondent State of Maharashtra.
