Lokhit Kala Va Krida Mandal Through Its Secretary Shaikh Gulam Rasul Katthu v. The State Of Maharashtra And Others

{1} ca943019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.9430 OF 2019 IN WRIT PETITION NO.8017 OF 2016 Lokhit Kala Va Krida Mandal, Aurangabad Applicant

Versus

The State of Maharashtra & others Respondents Mr.A.N.Nagargoje, advocate for the applicant. Mr.S.P.Sonpawale, AGP for Respondents No.1 to 3. Mr.Sanjay N. Gaikwad, advocate holding for Mr.B.T.Bodkhe, advocate for Respondent No.5.

CORAM : PRASANNA B. VARALE & AVINASH G. GHAROTE, JJ.

DATE : 05th September, 2019 PER COURT:

Heard Mr.Nagargoje, learned Counsel for the applicantpetitioner. The learned Counsel submits that though the proposal of petitioner-Institute was prior in point of time, during the pendency of said proposal, without assessing the merits of the proposals, the proposal submitted on behalf of Respondent No.5 is granted.

It is also submitted by Mr.Nagargoje that in the petition, the petitioner challenges the arbitrary action of the

{2} ca943019.odt Respondent-authorities. As such, this application is only in furtherance of the main petition and as Respondent No.5 is already arrayed as party Respondent in the petition. no prejudice would cause to the Respondents.

In view of the submissions of Mr.Nagargoje, learned Counsel for the applicant and for the reasons recorded in the application, the application is allowed in terms of prayer clause (A). The amendment to be carried out within two weeks from today. It is needless to state that the applicant-petitioner to serve amended copy of the petition to the respondents.

AVINASH G. GHAROTE PRASANNA B. VARALE JUDGE JUDGE adb/