Sambhaji Govind Pol v. The State Of Maha. Thr. Sec. Soil And Water Conservation Dept. And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by LAXMI SUBHASH SONTAKKE Date:

2023.08.03 10:57:50 +0530 INTERIM APPLICATION NO. 4500 OF 2023 LAXMI SUBHASH SONTAKKE IN WRIT PETITION (L) NO. 99119 OF 2020 Sambhaji Govind Pol .. Applicant

Versus

The State of Maharashtra & Ors.

.. Respondents Mr. S. B. Talekar a/w Madhavi Ayyappan i/b. Talekar & Associates for the Applicant.

Mr. Anil Anturkar, Senior Counsel a/w S. B. Kalel, AGP and R. S. Pawar, AGP for the State.

Mr. Niranjan Shimpi for Respondent No.7.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : AUGUST 01, 2023 P. C.

1.

At the outset, the learned Counsel appearing for the Petitioners has fairly stated that Respondent No.7 (Union of India) has been wrongly joined in the above Petition and seeks leave to delete Respondent No.7. The Petitioner is accordingly allowed to delete Respondent No.7 from the above Petition.

2.

This amendment for deleting Respondent No.7 shall be carried out forthwith in front of the Associate. Re-verification is dispensed with.

3.

The above Interim Application is filed seeking the amendments to the above Writ petition as per the schedule set out from Pages 6 to 49 of the Interim Application which also include certain annexures. Mr. Anturkar, the learned Senior Counsel appearing on behalf of the State vehemently opposed the above amendments. 4.

Considering that this is a pre-admission amendment, notwithstanding the opposition, we do not see any impediment in allowing the same. In these circumstances, the Interim Application for amendments [more particularly set out from Pages 6 to 49], is allowed. 5.

The amendments sought in the above Interim Application shall be carried out within a period of one week from today and the amended copy of the Petition shall be served on all the Respondents within a period of one week thereafter.

6.

The Respondents are at liberty to file an affidavit in reply/additional affidavit in reply to the amended Writ Petition within a period of two weeks from the date of service of the amended copy of the Petition on the respective Advocates.

7.

The above Interim Application is accordingly disposed of. No order as to costs.

8.

Place the above Writ Petition on board on 29th August, 2023.

9.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]