Deepak Maruti Thorat v. The Nahsik Municipal Corporation Rajiv Gandhi Bhavan And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3714 OF 2021 WRIT PETITION NO.533 OF 2019 Vithal Ramdas Shelar INTERIM APPLICATION NO. 3717 OF 2021 WRIT PETITION NO.11882 OF 2018 Avinash Sheshrao Wankhede INTERIM APPLICATION NO. 3719 OF 2021 WRIT PETITION NO.61 OF 2019 Pradeep Nimba Patil INTERIM APPLICATION NO. 3712 OF 2021 WRIT PETITION NO.8455 OF 2021 Atul Bhikaji Motkari INTERIM APPLICATION NO. 3722 OF 2021 WRIT PETITION NO.83 OF 2019 Vilas Shantaram Shelke Digitally signed by SHUBHADA SHANKAR KADAM Date:
2021.12.09 12:07:47 +0530 SHUBHADA SHANKAR KADAM 1/8
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INTERIM APPLICATION NO. 3724 OF 2021 WRIT PETITION NO.525 OF 2019 Dnyaneshwar Vasudev Badgujar INTERIM APPLICATION NO. 3706 OF 2021 WRIT PETITION (STAMP) NO.30016 OF 2021 Chandrakant Vishnu Thorat INTERIM APPLICATION NO. 3732 OF 2021 WRIT PETITION NO.12896 OF 2018 Hanuman Housrao Gholap INTERIM APPLICATION NO. 3727 OF 2021 WRIT PETITION NO.777 OF 2019 Shyam Kishor Aaware INTERIM APPLICATION NO. 3705 OF 2021 WRIT PETITION NO.8467 OF 2021 Deepak Maruti Thorat 6/8
INTERIM APPLICATION NO. 3702 OF 2021 WRIT PETITION NO.10526 OF 2019 Dilip Devlal Badgujar Mr. Shriram S. Kulkarni, advocate for the applicants/petitioners. Mr. Murlidhar Laxman Patil, advocate for respondent No.1 Ms. R. M. Shinde, AGP for the State.
CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.
DATE : 7th DECEMBER, 2021.
P.C. :
1.
Mr. Kulkarni, learned counsel for the applicants/petitioners submitted that, post filing of the petitions, certain Government Circulars are issued and the action consequent to these circulars is contrary not only to the earlier decision of this Court but also contrary to the provisions of law and, as such, the petitioners are seeking to amend the petitions by only raising additional grounds. Mr. Kulkarni submitted that by the amendment, there would be no change in the tenor of the petitions or the reliefs claimed but there would be only addition of certain reliefs in 7/8
consonance with the basic reliefs claimed in the petitions. Mr. Kulkarni submitted that by way of amendment, no prejudice would be caused to the respondents.
2.
On perusal of the material placed on record, we are of the opinion that Mr.Kulkarni, learned counsel for the applicants, has made out a case for amendment. Accordingly, the applications are allowed in terms of prayer clause (a) and are disposed of as such. 3.
Necessary amendment be carried out within two weeks from today. Needless to state that learned counsel for the petitioners shall serve copy of the amended petitions upon learned counsel appearing for the respective respondents. The respondents, on receipt of the copy of the amended petitions, if so desire, may file their respective affidavit-inreply within three weeks thereafter. 4.
Post the petitions for further consideration on 25th January, 2022.
( S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 8/8