Narayan Ramrao Pate And Others v. The Collector And Others

2024:BHC-AUG:11298 ca 5802.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 5802 OF 2024 IN WP/1133/2024 WITH WRIT PETITION NO.1133 OF 2024 Narayan Ramrao Pate And Others

VERSUS

The Collector And Others ...

Advocate for Applicant : Mr. P.R. Katneshwarkar h/f Mr. P.P. More AGP for Respondents: Mr. P D Patil Advocate for Respondents : Mr. P. B. Jadhav For R/4 To R/7 In WP, Mr. V.D Sapkal Senior Counsel I/b Mr. S. S. Choudhari Advocate For R/3(a) To R/3(a)(5) In Wp, Adv. S. V. Natu For R/11 And R/12 In WP, Ms. Priyanka P Shinde h/f Mr. P.M. Shinde advocate for respondent nos. 4 to 7.

...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : June 21, 2024 PER COURT :- 1.

Heard Mr. Katneshwarkar h/f Mr. More, learned advocate appearing for the applicants, Mr. V.D. Sapkal, learned senior counsel i/b Mr. Choudhary appearing for respondent nos.3A to 3-A-5 and learned advocates appearing for the respective parties.

2.

By this Application, prayer is made to permit the amendment in the memo of the pending writ petition so as to insert pleadings as specified in paragraph no.3 of the application and prayers from 'B-1 to C-2'.

ca 5802.2024.odt 3.

Mr. Sapkal, learned senior advocate points out that, so far as proposed amended prayer given is concerned, that was subject matter of appeal filed before the District Collector. To counter this, Mr. Katneshwarkar learned advocate appearing for applicants submits that, in fact, such appeal is disposed off or such filed is closed by the order of the District Collector. So, no such parallel proceeding is pending.

4.

Considering the submissions advanced, contents of the application and the fact that proceedings in writ petition are at nason stage, there is no impediment in granting prayer for amendment. Consequently, civil application is allowed in terms of prayer clause 'B'. Civil application No.5802 of 2024 stands disposed off. Amendment to be carried out within a period of (2) two weeks' from today.

5.

Place the matters for further hearing on 24th June, 2024. First on Board. To be heard alongwith WP Nos.1132 of 2024, WP No.1133 of 2024 with CA 5803 of 2024 and WP 5948 of 2024.

( S. G. CHAPALGAONKAR ) JUDGE ...

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