Mr. Sanjay Ramdas Patil v. Mr. Ashok Hari Sitlani And ORS

JPP 19.CAW 134.20.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 134 OF 2020 IN WRIT PETITION NO. 12354 OF 2017 Sanjay Ramdas Patil ... Applicant In the matter between Ashok Hari Sitlani ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents WITH WRIT PETITION NO. 12354 OF 2017 Ashok Hari Sitlani ... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Y.S. Jahagirdar, Senior Advocate with Mr. N.V. Walawalkar with Mr. S.M. Sabrad with Ms. Shravani Kanetkar for the Petitioner Mr. Shivaji Lanke for the Applicant Dr. Uday P. Warunjikar i/b. Mr. Saurabh V. Patil for the Respondents 5 to 7 Mr. N.K. Rajpurohit, AGP for the Respondents 1 to 3 Mr. Nitesh Bhutekar i/b. Vijaykumar Dighe for Respondent Nos. 9 to 10 CORAM : NITIN JAMDAR & SHARMILA U. DESHMUKH, JJ.

DATE : 15 SEPTEMBER 2022

JPP 19.CAW 134.20.doc P.C. :- The learned Counsel for the Applicant states that the Applicant is also aggrieved by the action of the Respondent - State in respect of acquisition of the property and he has a right in the property and not the Petitioner.

2.

If that be so, it is open to the Intervener to institute a substantive proceeding to challenge in the acquisition proceedings, which challenge will be considered on its own merits. The Intervention Application is accordingly disposed of. 3.

We make it clear that by making this observation, we have not entered in the inter-se dispute between the Intervener and the Petitioner as regards the property.

4.

At the request of the Respondents to file additional reply to the amended Petition, stand over to 3 October 2022. To be listed under the caption "For Directions".

SHARMILA U. DESHMUKH, J.

NITIN JAMDAR, J.

JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date: 2022.09.20 11:29:45 +0530