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Bombay High CourtCA/3503/2023disposed off

Subhashchandra Narayandas Chordiya And Others v. The Tahsildar Pathardi And Others

2025-06-26Hon'Ble Shri Justice Prafulla S. Khubalkar4 pages

2025:BHC-AUG:16480 1 of 4 904-CA.3503.2023

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 CIVIL APPLICATION NO. 3503 OF 2023 IN WP/1666/2008 SUBHASHCHANDRA NARAYANDAS CHORDIYA AND OTHERS

VERSUS

THE TAHSILDAR PATHARDI AND OTHERS ...

Mr. Ankush N. Nagargoje, Advocate for Applicants. Mr. S. N. Kendre, AGP for Respondent Nos.1, 5 to 8. Mr. S. W. Mundre, Advocate for Respondent Nos.27 to 30, 35 to 40. Mr. M. N. Navandar, Advocate for Respondent Nos.9, 11, 12, 15, 17, 19 and 20.

Mr. P. R. Nangare, Advocate for Respondent Nos.31 to 34. ...

WITH CIVIL APPLICATION NO. 586 OF 2020 IN WP/1666/2008 SUBHASHCHANDRA NARAYANDAS CHORDIYA AND ORS

VERSUS

THE TAHSILDAR PATHARDI AND OTHERS ...

Mr. Ankush N. Nagargoje, Advocate for Applicants. Mr. S. N. Kendre, AGP for Respondent Nos.1, 5 to 8. Mr. S. W. Mundre, Advocate for Respondent Nos.27 to 30, 35 to 40. Mr. M. N. Navandar, Advocate for Respondent Nos.9, 11, 12, 15, 17, 19 and 20.

Mr. P. R. Nangare, Advocate for Respondent Nos.31 to 34. ...

WITH WRIT PETITION NO. 1666 OF 2008 SUBHASHCHANDRA NARAYANDAS CHORDIYA AND ORS

VERSUS

THE TAHSILDAR PATHARDI AND ORS ...

Mr. Ankush N. Nagargoje, Advocate for Applicants. Mr. S. N. Kendre, AGP for Respondent Nos.1, 5 to 8. Mr. S. W. Mundre, Advocate for Respondent Nos.27 to 30, 35 to 40.

2 of 4 904-CA.3503.2023 Mr. M. N. Navandar, Advocate for Respondent Nos.9, 11, 12, 15, 17, 19 and 20.

Mr. P. R. Nangare, Advocate for Respondent Nos.31 to 34. ...

WITH WRIT PETITION NO. 3927 OF 2008 MEERA RAMRAO KHEDKAR

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Mr. K. D. Bade Patil, Advocate for the Petitioner. Mr. S. N. Kendre, AGP for Respondent-State.

Mr. Ankush N. Nagargoje, Advocate for Respondent No.5. WITH CIVIL APPLICATION NO. 16986 OF 2010 IN WP/1666/2008 SUBHASHCHANDRA NARAYANDAS CHORDIYA AND ORS

VERSUS

THE TAHSILDAR PATHARDI AND ORS ...

Mr. Ankush N. Nagargoje, Advocate for Applicants. Mr. S. N. Kendre, AGP for Respondent Nos.1, 5 to 8. Mr. S. W. Mundre, Advocate for Respondent Nos.27 to 30, 35 to 40. Mr. M. N. Navandar, Advocate for Respondent Nos.9, 11, 12, 15, 17, 19 and 20.

Mr. P. R. Nangare, Advocate for Respondent Nos.31 to 34. ...

CORAM :

PRAFULLA S. KHUBALKAR, J.

DATE :

26th JUNE, 2025 P.C.:- CIVIL APPLICATION NO.3503 OF 2023:- 1.

This is an application for amendment of the writ petition by adding names of the persons who are mentioned at Serial No.41 to 55 of the civil application as party Respondent Nos.41 to 55.

3 of 4 904-CA.3503.2023 2.

Petitioners are also praying for amendment of paragraph Nos.19A to 19N and prayer Clauses E-1 and E-2 to the memorandum of writ petition on the ground that these are subsequent developments and the proposed Respondents are subsequent purchasers of the plots on the land with respect to which the instant controversy pertains. 3.

Advocate Nagargoje for the Applicants submits that that controversy is with respect to land bearing Survey No.41 ( Old Gat No.43), which was converted for non-agricultural use and separate plots came to be sold to various persons. It is submitted that the some subsequent purchasers have already been added as party Respondents, in accordance with orders passed in this petition from time to time. It is submitted that the developments mentioned in the proposed amendments have occurred after the writ petition is Admitted and in view of earlier orders permitting to add subsequent purchasers as party Respondents, the instant application for adding the subsequent purchasers may also be allowed. It is submitted that the proposed amendment as mentioned in paragraph No.19A to 19N, contain averments with respect to the sale deeds of proposed Respondents and the prayer Clauses E-1 and E-2 deal with challenge to the sale deeds and the mutation entries, based on the sale deeds. 4.

Mr. S. N. Kendre, learned AGP appears for Respondent Nos.1, 5 to 8 and; Advocate M. V. Navandar appears for Respondent Nos.9, 11,

4 of 4 904-CA.3503.2023 12, 15, 17, 19 and 20 and; Advocate P. R. Nangare appears for Respondent Nos.31 to 34.

5.

The Respondents do not dispute the fact that earlier subsequent purchasers were permitted to be added as party Respondents.

6.

Having considered the contents of the application and submissions advanced, application is allowed. 7.

Petitioners are permitted to amend the petition by adding the proposed amendment as per schedule (Exhibit-B) as stated in the civil application. Amendment be carried within two weeks from today. 8.

On addition of Respondent Nos.41 to 55, issue notice to the newly added Respondents, returnable on 7th August 2025. 9.

In addition to regular mode of service, Petitioners are permitted to effect service by way of RPAD. Hamdast is granted. (PRAFULLA S. KHUBALKAR, J.) Tauseef