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Bombay High CourtIA/18897/2022disposed off

Shabbir Chandbasha Hawaldar And ANR v. The State Of Maharashtra Through Secretary School Education Dept. And ANR

2022-11-09Hon'Ble Shri Justice Madhav J. Jamdar2 pages

38-ia-18897-2022 in wp-10283-2019.doc Pallavi

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by PALLAVI MAHENDRA WARGAONKAR Date:

2022.11.09 19:57:35 +0530 PALLAVI MAHENDRA WARGAONKAR INTERIM APPLICATION NO.18897 OF 2022 IN WRIT PETITION NO.10283 OF 2019 Shabbir Chandbasha Hawaldar and Anr.

...Applicants In the matter between Shabbir Chandbasha Hawaldar and Anr.

...Petitioners

Versus

The State of Maharashtra and Anr.

...Respondents

-------------- Mr. N.V. Bandiwadekar i/b A.N. Bandiwadekar for the Applicants/ Petitioners.

Mr. S.D. Rayrikar, AGP for Respondent - State. --------------- CORAM: MADHAV J. JAMDAR, J.

DATE:

NOVEMBER 9, 2022 P.C.:

1.

Mr. Bandiwadekar, learned counsel for the Applicants states that certain factual aspects which have taken place after filing of the Petition are sought to be brought on record by the proposed amendment. He states that the Petition is at pre-admission stage. Mr. Rayrikar, learned AGP appearing for State opposes the application.

2.

It appears that the Petition is at pre-admission stage. The factual aspects which are sought to be brought on record are in the nature of subsequent events. Hence, the application is allowed in terms of prayer clause (a). Leave to amend. Amendment to be

38-ia-18897-2022 in wp-10283-2019.doc carried out within a period of two weeks from today. Amended copy be served on the office of the Government Pleader within a period of one week thereafter.

3.

Learned AGP seeks time to file reply. Learned AGP to file reply to the main petition as well as to the amended petition within a period of three weeks from the date of service of amended Writ Petition.

4.

Interim Application is disposed of.

(MADHAV J. JAMDAR, J.)