Smt. Chimalabai Hari Gaikar v. Arvind Products Limited

18 caw 1693-17=.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1693 OF 2017 IN WRIT PETITION NO. 10623 OF 2015 Smt. Chimabai Hari Gaikar ... Applicant In the matter between:

Arvind Products Limited ... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents ----- Ms. Anjali Awasthi for the Applicant/Intervener. Mr. P.K. Dhakephalkar, Senior Counsel a/w Mr. Girish Godbole a/wAtul Kshtriya a/w Sanmish Gala a.w Jigar Shah i/b Makrand Gandhi & Co. for the Petitioner. Ms. K. N. Salunke, AGP for the Respondent Nos. 1 to 4. CORAM : R.D. DHANUKA, J.

DATE : 18th JUNE, 2018 P.C.:

.

By this Civil Application, the Applicant seeks intervention in Writ Petition No. 10623 of 2015.

It is an admitted position that the Applicant was not a party to the proceedings which have culminated into the impugned order passed by the learned Minister which is subject matter of the Writ Petition. The Applicant appears to have filed certain proceedings under Section 32G of the Maharashtra Tenancy and Agricultural Lands Act, 1948. The Petitioner has been also Sneha Chavan 1/2

18 caw 1693-17=.doc impleaded as a party to that proceedings.

In my view, the Applicant is neither a necessary nor a proper party to this Writ Petition which is filed inter alia the impugning the order passed by the learned Minister challenging the order of resumption of land. No relief has been granted by this Court in this Writ Petition insofar as the pending proceedings filed by the Applicant under Section 32G are concerned. It is made clear that, such proceeding filed under Section 32G by the Applicant may be proceeded with on its own merits. The Petitioner to file Affidavit-in-reply in that proceedings within four weeks from today and to serve a copy thereof to the otherside.

Civil Application is accordingly dismissed with aforesaid clarification. No order as to costs.

(R.D. DHANUKA, J.) Sneha Chavan 2/2