Ashok Kacharu Khajekar v. The State Of Maharashtra And Others

1 947-wp-5099-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.5099 OF 2020 IN WP/4922/2020 WITH WP/4929/2020 ASHOK KACHARU KHAJEKAR ..APPLICANT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS Mr. V. R. Dhorde, Advocate for the Applicant. Mr. S. G. Karlekar, Advocate for Respondent-State. Mr. M. S. Deshmukh, Advocate for the Respondent Nos.4. CORAM :

S. V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE :

15TH SEPTEMBER, 2020.

ORDER :

1.

Mr. Dhorde, learned counsel for the applicant submits that because of subsequent events the amendment is necessitated.

2.

Mr. Deshmukh, learned counsel for respondent no.4 opposes the application on the ground that challenge to the work order would be a separate cause of action.

3.

The issue involved would be one and the same. The events are continuing events.

4.

The non-applicants will have every right to controvert the averments sought to be introduced by way of an

2 947-wp-5099-2020 amendment. Writ Petition is at the nascent stage. 5.

Considering the aforesaid circumstances, civil application for amendment is allowed.

6.

Civil Application is disposed of.

7.

Place the writ petition to 13.10.2020.

[SHRIKANT D. KULKARNI] [S. V. GANGAPURWALA] JUDGE JUDGE Devendra/September. 20