The Jalgaon Market Yard Adat Association Through Authorized Member Deepak Dinkar Mahajan v. Chandrashekhar Omprakash Tripathi And Others

{1} ca1589.19.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1589 OF 2019 IN PUBLIC INTEREST LITIGATION NO. 52 OF 2018 The Jalgaon Market Yard Adat Association Applicant

Versus

Chandrashekhar Omprakash Tripathi & others Respondents Mr. A.N. Sikchi, Advocate for the applicant.

Mr. A.B. Jagtap, Advocate for petitioner in PIL. Mr. V.B. Patil, Advocate for respondent no.3 in PIL. Mr. P.R. Patil, Advocate for respondent no. 2 in PIL. CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATE : 29th August, 2019.

PER COURT :

1.

This is an application seeking intervention in the present Public Interest Litigation. It is the contention of the applicant that applicant and other similarly situate traders are carrying out their business in the shops for almost 41 years and the prayer is made in the present Public Interest Litigation for removal of illegal occupants and, in the absence of the present applicant, if order issuing certain directions is passed by this Court, the applicant may be put to sufferance and prejudice. As such, the applicant be allowed to participate in the proceedings of Public Interest Litigation so as to enable the applicant to submit its stand before the Court.

2.

Though learned counsel for the petitioner opposes the

{2} ca1589.19.odt application, in view of the statement made by learned counsel for the applicant and for the reasons stated in the application, we allow the application in terms of prayer clause 'A'. Petitioner to take necessary steps to carry out the requisite amendment in the petition within one week from today.

3.

Learned counsel Mr. V.B. Patil also prays for some time on the ground that he is awaiting instructions.

4.

Post the Public Interest Litigation on 19th September, 2019, for further consideration.

( AVINASH G. GHAROTE ) ( PRASANNA B. VARALE ) JUDGE JUDGE dyb/