Mr. Vijay Narayan Thatte v. The Collector, Pune And ORS

1 / 4 rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 19627 OF 2022 IN WRIT PETITION NO. 8142 OF 2012 Mr. Vijay Narayan Thatte and Ors.

... Applicant/ Petitioners vs.

The Collector, Pune and Ors.

... Respondents WITH WRIT PETITION NO. 5500 OF 2023 Mr. Vijay Narayan Thatte and Ors.

... Petitioners vs.

The State of Maharashtra and Ors.

... Respondents Mr. G. S. Godbole, Senior Advocate a/w. Mr. Sameer Pandit, Ms. Krina Gandhi, Mr. Anmol Menon, Ms. Rozat Akolawala i/b. Ms. Khan S.P. for the Applicant in IA/19627/2022 and for the Petitioner in WP/5500/2023.

Mr. M. R. Govilkarfor the Petitioner in WP/9142/2012 and for Respondent No. 5 to 9 in WP/5500/2023.

Mr. V. S. Gokhale 'B' Panel Counsel for Respondent Nos. 1 to 3 in WP/8142/2012.

Mr. Murlidhar L. Patil for Respondent No. 5 in WP/8142/2012. by RAJESHWARI RAMESH PILLAI Date:

2023.04.28 11:02:47 +0530 Mr. R. S. Pawar, AGP for the State in WP/5500/2023. RAJESHWARI RAMESH PILLAI

2 / 4 CORAM : R. D. DHANUKA & GAURI GODSE, JJ.

DATED : 17 APRIL, 2023 P.C. :- Interim Application No. 19627 of 2022 1.

By this Interim Application the Applicant seeks impleadment of the Petitioner as Co-Petitioners. It is common ground that the Applicant has already filed a separate Writ Petition No. 5500 of 2023 inter alia praying for the same reliefs.

2.

At this stage Mr. Godbole, learned Senior Counsel for the Applicant states that the Applicant be impleaded as party Respondent in Writ Petition No. 8142 of 2012. The Petitioner in Writ Petition No. 8142 of 2012 is directed to implead all the Applicants as party Respondents. Amendment to be carried out within one week from today. Amendment shall also be carried out in the copy of the Respondents.

3.

This Interim Application is disposed of in the aforesaid terms. Writ Petition No. 5500 of 2023 1.

Mr. Gokhale 'B' Panel counsel waives service for Respondent Nos. 1 to 3. Mr. Govilkar waives service for Respondent Nos. 5 to 9.

3 / 4 Service is complete. Respondents are at liberty to file reply within four weeks from today with a copy to be served upon the Petitioners Advocate simultaneously. Rejoinder, if any, to be filed within two weeks thereafter with a copy to be served upon the Respondents Advocate simultaneously.

2.

Place the matter for admission on 19th June 2023. Writ Petition No. 5500 of 2023 1.

Mr.Patil learned counsel for APMC, Pune states that his client ought to have been impleaded as a party Respondent to this Writ Petition. Mr. Godbole, learned Senior Counsel for the Petitioner opposed the request of the learned counsel for APMC, Pune to implead him as Respondent to the Writ Petition. 2.

At this stage Mr. Patil learned counsel for APMC, Pune states that his client would file separate Interim Application for impleadment as party Respondent in this Writ Petition. Interim Application, if any filed shall be placed on board on next date. Copy of the Interim Application shall also be served upon the parties in advance.

4 / 4 3.

Place Writ Petition No. 5500 of 2023 for admission on 19th June 2023. If the said Writ Petition is admitted both parties are at liberty to apply for clubbing of both these Petitions being Writ Petition No. 8142 of 2012 and 5500 of 2023.

(GAURI GODSE, J.) (R. D. DHANUKA, J.) (This order is modified as per speaking to the minutes of the order dated 20th April, 2023.)