1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE PUBLIC PUBLIC PUBLIC INTEREST LITIGATION NO. 33 OF 2005 INTEREST LITIGATION NO. 33 OF 2005 INTEREST LITIGATION NO. 33 OF 2005 SURESH SURESH SURESH SHANKAR CHOUDHARI SHANKAR CHOUDHARI SHANKAR CHOUDHARI ......... PETITIONER. PETITIONER. PETITIONER. VS. VS. VS. THE THE THE COMMISSIONER, PUNE & ORS. ... COMMISSIONER, PUNE & ORS. ... COMMISSIONER, PUNE & ORS. ... RESPONDENTS. RESPONDENTS. RESPONDENTS. MR. MR. MR. GODBOLE GODBOLE GODBOLE FOR THE PETITIONER. FOR THE PETITIONER. FOR THE PETITIONER. LMR. LMR. LMR. S.R.NARGOLKAR S.R.NARGOLKAR S.R.NARGOLKAR AGP FOR THE STATE RESPONDENT NO.1 AGP FOR THE STATE RESPONDENT NO.1 AGP FOR THE STATE RESPONDENT NO.1 & 2. 2. 2. MR. MR. MR. S. S. S. PATHAK I/B. MRS. VINITA V. BAKRE-SHASTRY FOR PATHAK I/B. MRS. VINITA V. BAKRE-SHASTRY FOR PATHAK I/B. MRS. VINITA V. BAKRE-SHASTRY FOR RESPONDENT RESPONDENT RESPONDENT NO.3. NO.3. NO.3. MR. MR. MR. A.B.DESAI A.B.DESAI A.B.DESAI I/B. SHRI AVINASH K. JALISATGI & AMOL I/B. SHRI AVINASH K. JALISATGI & AMOL I/B. SHRI AVINASH K. JALISATGI & AMOL B. B. B. DESAI FOR RESPONDENT NO.4. DESAI FOR RESPONDENT NO.4. DESAI FOR RESPONDENT NO.4. ..... ..... ..... CORAM CORAM CORAM : : : J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. J.N.Patel and A.A.Sayed, JJ. DATE DATE DATE : July 25, 2007. : July 25, 2007. : July 25, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. We have gone through the petition and affidavit We have gone through the petition and affidavit We have gone through the petition and affidavit -in-reply -in-reply -in-reply filed by the Respondents. The petition is filed by the Respondents. The petition is filed by the Respondents. The petition is pending pending pending for for for admission. In our view it will be proper admission. In our view it will be proper admission. In our view it will be proper inin in the facts and circumstances of the case to direct the facts and circumstances of the case to direct the facts and circumstances of the case to direct the the the Petitioner to deposit a sum of Rs. 1,00,000/- Petitioner to deposit a sum of Rs. 1,00,000/- Petitioner to deposit a sum of Rs. 1,00,000/- 2 (Rupees (Rupees (Rupees one lac only) in this Court as a condition one lac only) in this Court as a condition one lac only) in this Court as a condition precedent precedent precedent to to to take up the petition for admission. The take up the petition for admission. The take up the petition for admission. The amount amount amount be be be deposited within a period of two weeks. We deposited within a period of two weeks. We deposited within a period of two weeks. We make make make it clear that it clear that it clear that a sum of Rs. 1 lac as directed a sum of Rs. 1 lac as directed a sum of Rs. 1 lac as directed above above above if not deposited within a period of two weeks, if not deposited within a period of two weeks, if not deposited within a period of two weeks, petition petition petition would stand dismissed without any further would stand dismissed without any further would stand dismissed without any further reference reference reference to Court. to Court. to Court. ..... [J.N.Patel, [J.N.Patel, [J.N.Patel, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]