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Bombay High CourtAPPLN/2520/2022application allowed

Tornado Solarfarms Limited, Mumbai Through Its Director Gopinath Govindan v. The Divisional Commissioner, Nashik Division, Nashik And Others

2022-11-18Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Abhay S. Waghwase2 pages

915 CRAPP 2520 OF 2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CRIMINAL APPLICATION NO.2520 OF 2022 IN WP/291/2022 TORNADO SOLARFARMS LIMITED, MUMBAI THROUGH ITS DIRECTOR GOPINATH GOVINDAN

VERSUS

THE DIVISIONAL COMMISSIONER, NASHIK DIVISION, NASHIK AND OTHERS ...

Advocate for Applicant:Mr. Shrikrishna Ganbavale h/f Mr.Kulkarni Akshay D. Adv APP for Respondent/State : Mr. S.D.Ghayal

CORAM

: MANGESH S. PATIL & ABHAY S. WAGHWASE, JJ.

DATE : 18.11.2022.

PER COURT :

This is an application for adding respondents. 2.

We have heard both the sides. It appears that the petitioner/solar generating Company is facing obstacles in its smooth operation by the villagers. By way of the petition police protection has been sought and also registration of crime has been solicited.

3.

The learned A.P.P. submits that pursuant to the order passed by this Court offence has also been registered. He also submits that the petitioner can file a separate petition against the persons sought to be impleaded. 4.

It is being alleged that in spite of the earlier order passed by this Court, some of the villagers who have intervened and heard while granting some interim protection, several other persons are also creating similar obstacles. The petitioner wants them to be added as respondents. 5.

In view of the peculiar nature of the dispute, we feel that the 1/2

915 CRAPP 2520 OF 2022.odt application deserves to be allowed and is accordingly allowed as prayed for, with a view to avoid multiplicity. The amendment is to be carried out within one week. After such amendment is carried out, issue notice to the added respondents, returnable on 02.12.2022.

6.

The learned advocate for the petitioner places on record certain documents in the form of communication and the report filed by the Electrical Inspector dated 16.11.2022. It is taken on record. ( ABHAY S. WAGHWASE, J.) (MANGESH S. PATIL, J.) mkd/- 2/2