Anil Sopanrao Gaikwad And ANR v. The Divisional Commissioner Pune Division Pune And ORS

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16. IA 3173-21.DOC.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3173 OF 2021 WITH INTERIM APPLICATION NO.3175 OF 2021 IN WRIT PETITION NO.1409 OF 2021 Anil Sopanrao Gaikwad And Another ...

Applicants/Petitioners

Versus

The Divisional Commissioner, Pune Division, Pune And Others ... Respondents ****** Mr. Nitin P. Deshpande a/w Ms. Kanchan Phatak, for the Applicants/Petitioners.

Mr. V.S. Gokhale, 'B' Panel Counsel for Respondent Nos.1 to 7-State. ****** CORAM : R. D. DHANUKA & S. M. MODAK, JJ.

DATE : 10 FEBRUARY 2022.

(Through Video Conference) P. C. :

INTERIM APPLICATION NO.3173 OF 2021 .

Heard Mr. Deshpande, learned Counsel appearing for the Applicants/Petitioners and Mr. Gokhale, learned AGP for the State. The Applicants seek amendment in the Petition and to add certain averments and additional prayers. The Writ Petition is not yet admitted. The learned AGP has no objection in allowing the amendment as prayed. 1/2

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16. IA 3173-21.DOC.doc Interim Application is allowed in terms of prayer clause -(a). Amendment to be carried out within one week from today. The amended copy of the Petition be served upon the Respondents within one week from the date of carrying out the amendment. It is made clear that merely because the Applicants are permitted to carry out the amendment, none of the Respondents are deemed to have admitted the averments and contentions. The contentions of both parties on merits are kept open. The Respondents are directed to file the affidavit-in-reply within two weeks from the date of service of the amended copy of the petition with a copy to be served upon the learned Counsel for the Petitioners.

WRIT PETITION NO.1409 OF 2019 .

Issue notice to Respondent Nos.9(1) to 9(5), returnable on 3 March 2022. Humdast permitted. In addition to Court notice, the Petitioners are permitted to serve newly added parties by private service. Mr. Deshpande, learned Counsel for the Petitioners agrees to file affidavit-in-rejoinder to the affidavit-in-reply dated 17 September 2019 filed by Deputy Collector (Land Acquisition) No.17, Pune within two weeks from today. Mr. Gokhale, learned AGP for the State states that the copy of reply dated 17 September 2019 will be relied upon by him in Interim Application No.3175 of 2021. The statement is accepted.

Place the matter on Board for admission on 3 March 2022. RAJESH VASANT CHITTEWAN Date: 2022.02.11 15:03:58 +0530 RAJESH VASANT CHITTEWAN [S. M. MODAK, J.] [R. D. DHANUKA, J.] 2/2