Jalinder Jagannath Machale And ORS v. Competent Authority Deputy Collector And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.307 OF 2022 IN WRIT PETITION NO.177 OF 2021 Jalinder Jagannath Machale & Ors.

... Applicants

Versus

The Competent Authority, Deputy Collector & Ors.

... Respondents .......

• Mr. Surel S. Shah i/b N.M. Wable for Applicants. • Mr. Anil C. Singh, ASG a/w Mr. Aditya Thakkar and Mr. Niranjan Shimpi for Respondent/UOI.

• Mr. V.D. Patil for Respondent/Sub-Divisional Engineer. • Mr.B.V. Samant, AGP for State.

CORAM : R. D. DHANUKA & M. G. SEWLIKAR, JJ.

DATE : 27th JUNE, 2022.

P.C. :

1.

By this Interim Application, the Applicant (Original Petitioners) prayed for impleadment of The Union of India and Digitally signed by MANUSHREE V NESARIKAR Date:

2022.06.29 18:04:29 +0530 MANUSHREE V NESARIKAR The Sub-Divisional Engineer, as Respondent Nos.4 and 5 to the Petition.

Nesarikar

2 / 3 2.

Heard learned counsel Mr. Surel S. Shah for Applicants and Mr. Anil C. Singh, learned Additional Solicitor General of Respondent No.4 and Mr. V.D. Patil, learned counsel for SubDivisional Engineer. 3.

After considering the averments made in the Interim Application we are of the view that the Union of India and the Sub-Divisional Engineer would be the necessary parties to this Petition.

4.

Interim Application is accordingly allowed in terms of prayer clause (a) and (b). Amendment to be carried out within 48 hours from today. Reverification dispensed with. A copy of amended Petition would be supplied to the newly added party within 48 hours from carrying out amendment.

5.

Learned counsel for the Union of India states that the Union of India would be relying upon the affidavit-in-reply already filed by Respondent No.3 in the Writ Petition and does not propose to file any separate affidavit-in-reply. Statement is

3 / 3 accepted and is allowed to rely upon the affidavit-in-reply and the stand taken by the Executive Engineer, Nashik during the course of the arguments.

6.

Interim Application is disposed of in above terms. No order as to costs.

(M. G. SEWLIKAR, J.) (R. D. DHANUKA , J.)