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Bombay High CourtCA/1979/2022disposed off

Mukund Mohan Kurunbhatti And Another v. The State Of Maharashtra And Others

2025-08-19Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:22715-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

904 CIVIL APPLICATION NO.1979 OF 2022 IN WRIT PETITION NO.4963 OF 2016 Mukund Mohan Kurunbhatti and Another

VERSUS

The State of Maharashtra And Others .....

Shri. Mukul Kulkarni h/f. Shri. Gajendra L. Gujar, Advocate for the Applicants Shri. A. R. Kale, Addl. G. P. for the Respondent Nos. 1 to 3 Shri. P. S. Dige h/f. Shri. V. R. Dhorde, Advocate for the Respondent Nos. 4 & 5 .....

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

Dated :

AUGUST 19, 2025 PER COURT :- .

This is the Application by the Petitioner and one another for impleadment of the Applicant No.2 as the Petitioner No.2 in the Writ Petition.

2.

It is the contention of learned Advocate for the Applicants that Applicant No.2 is the subsequent purchaser of the property which is the subject matter of the Writ Petition and therefore, he is necessary party. He submits that the Application be allowed.

3.

The Application is opposed by learned Additional G. P. and the learned Advocate Respondent No.4. They submit that the Applicant No.2 cannot be the necessary party to the Petition and the Application be dismissed.

4.

The Writ Petition is filed for lapsing of reservation pursuant to provisions of Section 127 of the Maharashtra Regional Town Planning Act, 1966 (for short, 'MRTP Act'). During the pendency of the Petition, the subject land has been purchased by the Applicant No.2. In this view of the matter, we allow the Application in terms of prayer clause 'A', which reads as under :

"(A) The Hon'ble High Court may be pleased to allow the present Civil Application and thereby allow the present Applicant No.2 to get himself impleaded / substitute as Petitioner in the present Writ Petition."

5.

Civil Application stands disposed off.

( NEERAJ P. DHOTE, J. ) ( R. G. AVACHAT, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 21/08/2025 10:50:02