Rani Anil Gadade And Others v. The State Of Maharashtra And Others

945-ca-7884-20

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7884 of 2020 IN WRIT PETITION NO. 5148 OF 2020 Rani W/o Anil Gadade and others ... Applicants.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. S.P. Salgar, Advocate for the Applicants. Mr. A.R. Kale, A.G.P. for Respondent Nos. 1 to 3. Mr. Z.H. Farooqui, Advocate for Respondent No.4. ....

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

DATE : 04th DECEMBER, 2020 PER COURT:- 1.

The present civil application is for amendment. The learned counsel for the applicants submits that because of subsequent developments, i.e. grant of administrative sanction and also to bring the additional facts, which could not brought on record in the memo of the petition, the amendment is necessitated. 2.

The learned AGP opposes the application for amendment on the ground that the proposed amendment does not relate to the prayers in the writ petition and if proposed amendment is allowed, the nature of the petition would change.

945-ca-7884-20 3.

The writ petition is at nascent stage. The petition is not yet admitted. The respondents / non applicants will have every opportunity to controvert the averments sought to be introduced by way of amendment.

4.

For the reasons stated in the application, the application is allowed in terms of prayer clause (A). Amendment be carried out within 14 days with the copy of the amended memo to the learned AGP and the learned counsel for the respondent No.4. 5.

Civil Application disposed of.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane