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Bombay High CourtCAW/399/2018allowed

Dhananjay Abba Waware And ANR v. The State Of Maharashtra And ORS

2018-02-20Hon'Ble Shri Justice R.D. Dhanuka2 pages

kvm 1/2 28-CAW399.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 399 OF 2018 IN WRIT PETITION NO. 1559 OF 2014 Dhananjay Abba Waware & Anr.

..... Petitioners

VERSUS

The State of Maharashtra & Ors.

..... Respondents Mr.S.M.Railkar for the Petitioners.

Mr.S.H.Kankal, A.G.P. for the State - Respondent no.1. CORAM :

R.D. DHANUKA, J.

DATE :

20th FEBRUARY, 2018 P.C.

Mr.Railkar, learned counsel for the petitioners states that the copy of the civil application is already served upon the learned advocate appearing for the respondent nos. 2, 3,8 and 16. The other respondents are not the contesting respondents. Mr.Kankal, learned A.G.P. waives service for the respondent no.1. 2.

By this civil application, the applicant seeks amendment to the writ petition and to impugn the order dated 3rd February,2007 passed by the learned Minister and to bring additional facts on record. Heard Mr.Railkar, learned counsel appearing for the applicant and Mr.Kankal, learned A.G.P. for the respondent no.1 and I have perused the averments made in the civil application. The petitioners have made out a case for permission to carry out amendment as per schedule of amendment to the civil application. Civil application is made absolute

kvm 2/2 28-CAW399.18 in terms of prayer clause (a). Amendment to be carried out within four weeks from today without fail and shall serve a copy of the amended writ petition upon all the respondents simultaneously. 3.

The respondents are at liberty to file affidavit in reply to the amended copy of the petition within two weeks from the date of service of the amended copy of the petition and shall serve a copy upon the petitioners' advocate simultaneously. Rejoinder if any, shall be filed within two weeks from the date of service of the affidavit in reply and shall serve a copy thereof upon the respondents' advocate simultaneously.

4.

Civil application is disposed of in the aforesaid terms. No order as to costs.

5.

Place the writ petition on board for admission after eight weeks. [R.D. DHANUKA, J.]