Madhav Jaywanta Kamble Thr Lrs Vithubai Mahadev Alias Mahadu Kamble v. The State Of Maharashtra And Others

6-ca-12681-2021.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12681 OF 2021 IN WRIT PETITION NO. 4185 OF 2021 Mahadev S/o Jaywanta Kamble through it'

s L.Rs.

Vithubai Wd/o Mahadev @ Mahadu Kamble and another ... Applicants

Versus

The State of Maharashtra and others ... Respondents ....

Mr. R. K. Ashtekar, Advocate h/f Mr. D. N. Gilche, Advocate for applicants Mr. A. S. Shinde, AGP for respondent Nos. 1 and 2 Mr. H. V. Patil, Advocate for respondent No.3 Mr. P. V. Ambade, Advocate for respondent Nos.4-A to 4-C. Mr. C. C. Deshpande, Advocate for respondent No.5-A. ....

CORAM : MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 16.01.2023 PER COURT :- By way of this civil application, the legal representatives of deceased petitioner Mahadev are being sought to be brought on record, some of which are arrayed herein as respondents. All these legal representatives on the basis of a

(( 2 )) 6-ca-12681-2021 decision of a Civil Court in a proceeding under the Bombay Regulation 1927 are unanimously seeking to be brought on record as legal representatives of deceased Mahadav.

2.

Since this is a petition seeking de-reservation under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, without indulging into the legality or otherwise and the heirship certificate granted by the Civil Court, the civil application is allowed.

3.

The amendment be carried out within two weeks. [ S. G. CHAPALGAONKAR, J. ] [ MANGESH S. PATIL, J. ] SMS