Bhaskar Mangal Gadge Decd Thru Lhrs v. State Of Maharashtra, Through Principal Secretary, Rural Development Dept And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2973 OF 2020 IN WRIT PETITION NO.8225 OF 2009 WITH INTERIM APPLICATION NO.2975 OF 2020 IN WRIT PETITION NO.10652 OF 2013 Surekha Bhaskar Gadge & Ors.

...Applicants / Petitioners In the matter between Bhaskar Mangal Gadge (Since deceased)

Versus

State of Maharashtra & Ors.

...Respondents

---------- Mr. Devmani Jagdish Shukla for the Applicants in both Writ Petitions.

Mr. A.I.Patel, Addl. G.P. with Mr. S.S. Panchpor, AGP for State in Writ Petition No.8225 of 2009.

Mr. Gurunath B. Walawalkar i/b. Shankar P. Thorat for the Respondent No.2 in both Writ Petitions.

Mr. Karan S Thorat, AGP for State in Writ Petition No.10652 of 2013.

---------- CORAM :

K.K. TATED & R.I. CHAGLA, JJ.

DATE :

6TH APRIL, 2021 1 / 3

ORDER :

1.

Heard learned Counsel for parties.

2.

By these Interim Applications, the Applicants are seeking permission to bring on record the legal heirs of deceased sole Petitioner Bhaskar Mangal Gadge in both Petitions who expired on 28th January, 2020.

3.

Learned Counsel for the Applicants submits that in the interest of justice the Hon'ble Court be pleased to permit the Applicants to carry out amendment by showing them legal heirs of deceased sole Petitioner. He submits that in any case the application fled within time.

4.

Considering submissions made by learned Counsel for the Applicants and averments made in the Interim Applications, we are satisfed that the Applicants have made out case for allowing the Interim Applications. Hence the following order:- a) The Applicants are permitted to bring on record the legal heirs of deceased sole Petitioner in Writ Petition No.8225 of 2009 and Writ Petition No.10652 of 2013 on or before 30th April, 2021.

2 / 3

b) If the amendments are carried out within time, the Applicants are directed to serve amended copy of the Writ Petition on other side immediately thereafter. c) Both the Interim Applications are disposed of. No order as to cost.

[R.I. CHAGLA J.] [K.K. TATED, J.] 3 / 3