Shri. Surendra Dattatray Kadu And ORS v. The Principal Secretary, Urban Development Dept And ORS

5-caw-845-2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 845 OF 2015 IN WRIT PETITION NO. 5618 OF 2014 WITH CIVIL APPLICATION NO.2104 OF 2015 Shri. Surendra Dattatray Kadu And Ors ...Applicants

Versus

The Principal Secretary, Urban Development Dept And Ors

...Respondents

---- Mr.Rafiq Dada, Senior Advocate a/w Mr.A.M. Kulkarni i/by Mr. Sanjay Shivram Gawde for the Applicant/Petitioner. Mr.A.A. Alaspurkar, AGP for Respondent Nos.1,2,7 & 8. Mr.Rajdeep S. Khadapkar for Respondent Nos.3 to 5. ---- CORAM : A.S. OKA & SMT.VIBHA KANKANWADI, JJ.

DATE : 03rd JULY 2017 P.C.

1.

Heard the learned senior advocate appearing for the applicants, the learned AGP for the State and learned counsel appearing for the Pune Municipal Corporation. 2.

The application is opposed by the learned counsel appearing for the Pune Municipal Corporation. N.S. Kamble page 1 of 2

5-caw-845-2015 3.

By this application, the applicants want to incorporate averments or reasons for explaining the delay in filing the petition. The issue whether the said reasons are bonafide or whether the same can be accepted can be gone into after the amendment is permitted to be carried out to the Writ Petition. Therefore, without prejudice to the rights and contentions of the parties amendment deserves to be allowed. Accordingly, application is allowed in terms of prayer clause (a).

4.

The amendment to be carried out within one week from the date on which the order is uploaded on the web-site. 5.

Place the Writ Petition under the caption of 'fresh admission' on 24th July 2017. The Civil Application No.2104 of 2015 will be considered along with the main Writ Petition. [SMT.VIBHA KANKANWADI, J.] [A.S. OKA, J.] N.S. Kamble page 2 of 2