Govind Bajirao Navpute v. The State Of Maharashtra And Others

ca-4472.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4472 OF 2016 IN WRIT PETITION NO. 1981 OF 2016 Govind Bajirai Navpute ...APPLICANT versus The State of Maharashtra and others ...RESPONDENTS .....

Mr. D.P. Palodkar, Advocate for Applicant Mr. A.B. Girase, Govt. Pleader for respondents No. 1 to 5 Mr. J.R. Shah, Advocate for respondents No. 6 and 8 Mr. V.J. Dixit, Senior Advocate instructed by and with Mr. A.M. Karad, Advocate for respondent No. 7 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 5th APRIL, 2016.

Order :-

1. Present civil application is filed by the applicant - petitioner seeking amendment by way of introducing some paragraphs in memo of writ petition and also the prayer clauses. 2.

Mr. Palodkar, learned counsel for applicant submits that while introducing the amendments specific instances of fraud are being highlighted and also the extension being granted, is assailed. According to learned counsel, said amendments sought are relevant with the matter in issue.

3.

Mr. Dixit, learned senior advocate and Mr. Karad, learned counsel appearing for respondent No. 7, Mr. Girase, learned

ca-4472.16 Government Pleader appearing for respondents No. 1 to 5 Mr. Shah, learned counsel appearing for respondents No. 6 and 8 oppose the amendment application and submit that the same would be on different cause of action.

4.

Writ petition is pending admission. Averments as sought by way of amendments are with regard to draft development plan, even otherwise respondents have right to controvert the averments, as sought by way of amendments.

5.

Considering the above, civil application seeking amendments is allowed in terms of prayer clause "B".

6.

Amendments shall be carried out by the applicant and the copy of amended memo of writ petition be served on the respondents. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK