Hutatma Babu Genu Samajwadi Vidhyapit Mumbai Through Its Secretary v. Shri Dada Patil Rajale Shikshan Sanstha Through Its Secretary And Others

2024:BHC-AUG:2789-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 906 CIVIL APPLICATION NO. 7312 OF 2023 IN WP/2240/2023 HUTATMA BABU GENU SAMAJWADI VIDHYAPIT MUMBAI THROUGH ITS SECRETARY

VERSUS

SHRI DADA PATIL RAJALE SHIKSHAN SANSTHA THROUGH ITS SECRETARY AND OTHERS ...

Mr.S.S. Thombre Advocate for Applicant.

Mr.R.K. Temkar Advocate for Resp. Nos. 1 to 3. Mr.N.S. Tekale, A.G.P. for Resp. Nos.4 and 5. Mr.A.R. Joshi Advocate for Resp. No. 6.

...

CORAM: SMT. VIBHA KANKANWADI AND S.G. CHAPALGAONKAR, JJ.

DATE : 8th FEBRUARY, 2024 ORDER :

1.

Present application has been filed for adding the applicant as party respondent in the Writ Petition. Present respondent Nos.1 to 3 have filed Writ Petition No.2240 of 2023. 2.

Heard learned Advocate Mr. Thombre for Applicant, learned Advocate Mr. Temkar for respondent Nos.1 to 3, learned AGP Mr.

Tekale for Resp. Nos. 4 and 5 and learned Advocate Mr. Joshi for for Resp. No. 6.

3.

Learned Advocate for the original petitioners has strong objection to allow the present Application.

4.

The present applicant has come with the case that letter of intent has been issued in favour of the applicant by respondent No.4 and in view of the prayers in the Petition which are touching to the perspective plan as well as inviting proposals for issuing letter of intent (the then position) the present applicant is a necessary party.

5.

The Application therefore stands allowed and disposed of in terms of prayer clause "(B)". Amendment to be carried out by the petitioner by tomorrow i.e. 9th February 2024. 6.

In view of the addition of the party respondent in the Writ Petition, issue notice to the added respondent. Learned Advocate Mr. Thombre waives service of notice for added respondent.

7.

In view of the addition of the party, the respondents (including added respondent) to file affidavit in reply within a period of two weeks, by giving copy of the same to the other side in advance. Rejoinder, if any, to be filed within one week thereafter.

8.

Place the Petition for hearing on 6th March 2023. The parties are put to notice that if the time permits the matter would be heard finally on that date.

[S.G. CHAPALGAONKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/FEB24