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Bombay High CourtCA/12852/2018disposed offdismissed for default

Sarvajanik Dasara Mahotsav Samiti,Latur Thro. President-Prakash Vishvambhar Patil v. The Secretary, Maharshi Dayanand Vyayam And Krida Mandal, Latur And Others

2018-10-16Hon'Ble Shri Justice V.L. Achliya2 pages

1 C.A. 12852.2018 in S.A. 1208.2005

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 CIVIL APPLICATION NO. 12852 OF 2018 IN SA/1208/2005 SARVAJANIK DASARA MAHOTSAV SAMITI, LATUR THR. PRESIDENT - PRAKASH VISHVAMBHAR PATIL

VERSUS

THE SECRETARY, MAHARSHI DAYANAND VYAYAM AND KRIDA MANDAL LATUR & ORS.

.....

Mr. K.V.Patil, Advocate for applicant.

Mr. P.N.Kutti, A.G.P. for R - 3 - State.

Mr. R.N.Dhorde, Senior Counsel for appellant in S.A.

Mr. S.V.Chandole h/f Mr. V.G.Sakolkar, Advocate for R - 2.

.....

CORAM: V.L.ACHLIYA, J.

DATE : 16/10/2018 .....

ORAL ORDER :

1.

The applicant has filed this application seeking following reliefs.

[A] Civil Application may kindly be allowed.

[B] Applicant - Samiti be permitted to perform/celebrate the Dushera festival on suit land on 18/10/2018 from 4.00 p.m. to 10.00 p.m. in the interest of public at large. [C] The respondent No. 3 be directed to decide the representation made by the present applicant/intervener

2 C.A. 12852.2018 in S.A. 1208.2005 and grant permission to celebrate Dushera festival on suit land on 18/10/2018 from 4.00 p.m. to 10.00 p.m. in the interest of public at large.

[D] Any other just and proper relief may kindly be granted in favour of the applicant.

2.

The application is objected with contention that the applicant is not party to the Suit as well as Appeal. Learned counsel for the applicant submits that though the applicant has moved an application seeking permission in terms of prayer clause 'B', respondent No. 3 i.e. Collector, Latur has kept the application pending and, therefore, the applicant has approached this Court. 3.

Since the applicant is not party to the proceeding pending before this Court, the applicant can not seek relief in terms of prayer clause 'B'. However, the applicant may be at liberty to prosecute the application pending before respondent No. 3, who in-turn decide the application on its own merit after taking into consideration the orders passed in present Appeal. 4.

The application stands disposed of in above terms. [V.L.ACHLIYA] JUDGE KNP/C.A. 12852.2018 in S.A. 1208.2005