Case Note & Summary
The case involved an appeal by the appellant against the orders of the High Court of Judicature at Bombay, which dismissed his applications related to a Public Interest Litigation (PIL). The appellant, associated with various social organizations, filed the PIL seeking an inquiry into the support mustered for a trust motion in the Maharashtra Legislative Assembly. The High Court initially directed the appellant to deposit Rs.1 lakh to proceed with the case. After the Chief Minister, the subject of the inquiry, resigned, the Writ Petition became infructuous. The appellant sought to withdraw the deposited amount, but the High Court dismissed his application, questioning the source of the funds. The Supreme Court found that the High Court had erred in its assessment and had not properly considered the affidavits provided by the appellant regarding the source of the funds. The Court noted that no counter-affidavit was filed by the respondents disputing the appellant's claims. Consequently, the Supreme Court set aside the High Court's orders and directed the refund of the Rs.1 lakh to the appellant, along with any accrued interest, allowing the appeal without costs.
Headnote
A) Public Interest Litigation - Withdrawal of Deposit - Entitlement to Withdraw Amount - Code of Civil Procedure, 1908, Section Not Mentioned - The appellant sought to withdraw Rs.1 lakh deposited in a Public Interest Litigation after the petition became infructuous due to the resignation of the Chief Minister. The High Court's refusal to allow the withdrawal was deemed incorrect as the cause of action had ended, and the appellant had provided sufficient evidence regarding the source of the funds. Held that the appellant was entitled to the refund of the deposited amount (Paras 1-3).
Issue of Consideration
Whether the appellant was entitled to withdraw the amount deposited in the High Court after the Writ Petition became infructuous.
Final Decision
The Supreme Court allowed the appeal, set aside the High Court's orders, and directed the refund of Rs.1 lakh to the appellant along with interest.
Law Points
- Public Interest Litigation
- Withdrawal of Deposit
- High Court Orders
- Infructuous Petition
- Source of Funds
