Angad Vinayak Munde v. The State Of Maharashtra Through Its Principal Secretary And Others

ca15304.22 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO.15304 OF 2022 IN PIL/13/2022 WITH PIL/13/2022 ANGAD VINAYAK MUNDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Applicant : Mr. B. R. Kedar AGP for Respondent Nos. 1 and 2: Mr. P.S. Patil Advocate for Respondent Nos 3 and 4 : Ms. Sonali Somwanshi h/f Mr. S.S. Randive Advocate for Respondent No. 5 : Mr. S.G. Bhalerao Advocate for Respondent No. 6 : Mr. Y.V. Kakade .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 3rd MARCH, 2023.

PER COURT :- 1.

Office to accept the affidavit in reply in the Public Interest Litigation.

2.

In so far as the Civil Application is concerned, we have considered the submissions of the learned advocates for the respective sides.

3.

The learned advocate representing Respondent Nos. 3 and 4 has vehemently opposed the application. It is submitted that these proposed paragraphs are descriptive and argumentative in nature. They do not pertain to subsequent events that have

ca15304.22 -2occurred. The proposed contractor need not be arrayed as he is only executing the contract. The work has already commenced pursuant to the work order issued to the contractor and considering the law laid down by the Hon'ble Supreme Court in M/s. N.G. Projects Limited vs M/s Vinod Kumar Jain and others, (2022) 6 SCC 127, this P.I.L. itself needs to be dismissed.

4.

In view of the above and after considering the cause set out in the PIL, leave to amend and add a party respondent, is granted. This Civil Application is disposed off. 5.

The amendment/addition to be carried out within two weeks. Thereafter, issue notice to the added Respondent in the P.I.L., returnable after six weeks.

6.

A freshly typed copy of the amended P.I.L. memo will be filed within two weeks with copies to the learned advocates for the respective sides. The parties are at liberty to file their affidavits in reply/additional affidavits in reply, pursuant to the amendment, prior to the returnable date.

(SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/