Shafik Kha Sahebkha Pathan And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:148-DB 912 CA-11591 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 11591 OF 2024 IN WRIT PETITION NO. 15279 OF 2023 WITH WRIT PETITION NO. 15279 OF 2023 SHAFIK KHA SAHEBKHA PATHAN AND OTHERS ....Applicant

VERSUS

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

Advocate for Applicant : Mr. Khandare Nandkumar Bhagwanrao AGP for Respondents-State : Mr. M. K. Goyanka Advocate for Respondent No. 9 : Mr. P. R. Katneshwarkar Seniour Advocate i/by Mr. D. B. Kale .....

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE :

03.01.2025 PER COURT :

By way of this application, petitioners are seeking amendment of the petition, which is still to be admitted. The learned Senior advocate Mr. P. R. Katneshwarkar for respondent No. 9 submits that though the prayer is innocuous, he would oppose the application in the light of the observations made in the first order 1/2

912 CA-11591 OF 2024.odt dated 08.01.2024, raising an issue regarding maintainability of the petition.

2.

Issue regarding maintainability of the petition is not likely to be circumvented by the amendment proposed to be made. 3.

The writ petition is still to be admitted, the respondents will have every opportunity to even contest factually the amended portion.

4.

The application is allowed to the extent seeking amendment.

( PRAFULLA S. KHUBALKAR, J.) (MANGESH S. PATIL, J.) jhs/ 2/2