Sir N. P. Vakil Trust And ANR v. Union Of India And ORS

ppn 1 8.ca-1315.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PRACHI PRANESH NANDIWADEKAR Date: 2022.06.24 19:41:19 +0530 PRACHI PRANESH NANDIWADEKAR CIVIL APPLICATION NO.1315 OF 2017 IN WRIT PETITION NO.6959 OF 2014 N.P. Vakil Trust & Anr.

.. Applicants/Petitioners

Versus

Union of India & Ors.

.. Respondents And The Collector, Palghar .. Proposed (Respondent No.6) --- Mr.Sharan Jagtiani a/w Mr.Priyank Kapadia a/w Ms.Anuja Jhunjhunwala and Mr.Harsh Thadani i/by M.Mulla Associates for the applicants/petitioners.

Mr.D.P.Singh for the respondent nos.1 to 4.

Mrs.Rupali M.Shinde, AGP for the respondent no.5-State. --- CORAM : R.D. DHANUKA & M.G.SEWLIKAR, JJ.

DATE : 24th JUNE 2022 P.C.:- .

By this application, the applicants seek to implead the Collector, Palghar District as party-respondent no.6 on the ground that vide notification dated 17th June 2014 issued by the Department of Revenue and Forests, the Government of Maharashtra proposed to divide and alter the areas of the Thane District into areas forming 2 Districts, i.e. Thane District and Palghar District.

2.

According to the applicants, the Collector, Palghar District i.e. proposed respondent no.6 has an authority under the provisions of the

ppn 2 8.ca-1315.17.doc Bombay Land Revenue Code to restore the revenue assessment in respect of the lands of the applicant to non-manufacture of salt and to revert the revenue records of the said lands to the position as they stood prior to the Mutation Entry 651 of 1958.

3.

No affidavit-in-reply is filed by the respondents. Be that as it may, we allow the amendment in view of the notification dated 17th June 2014 issued by the Department of Revenue. In our view, in view of the said notification issued by the Department of Revenue, the Collector, Palghar District is a necessary party to this petition. 4.

We accordingly pass the following order :- (i) Interim application is allowed in terms of prayer clauses (a) and (b).

(ii) Amendment to be carried out within one week from today. Amendment also shall be carried out in the copies supplied to the respondents within one week from carrying out amendment. M.G.SEWLIKAR, J.

R.D. DHANUKA, J.