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Bombay High CourtAPPW/16/2023allowed

Rekha Ravi Ingle And Another v. The State Of Mah. Thr. Collector Tq. And Dist.Akola And 3 Others

2023-01-25Hon'Ble Shri Justice G. A. Sanap2 pages

1 29 wp 834-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPW) NO. 16/2023 IN CRIMINAL WRIT PETITION NO. 834 OF 2022 Smt. Rekha Ravi Ingle and another .VS.

The State of Maharashtra and others _______________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

i Mr. Sahil Mate, Advocate h/f Mr. Chaitanya Kulkarni, Advocate for the petitioners Mr. A.R. Chutke, A.P.P. for respondent Nos.1 to 4/State CORAM :

G.A. SANAP, J.

DATE :

JANUARY 25, 2023.

Heard the learned Advocate for the petitioners and the learned Additional Public Prosecutor for the State. 2.

This application has been made for amendment of the prayer Clause. It is stated that by way of this amendment, the petitioners would like to incorporate a prayer for a relief of restoration of possession of the property. 3.

The learned Additional Public Prosecutor submits that this prayer is not necessary inasmuch as everything

2 29 wp 834-2022 would revolve around the issue of legality of the order passed by Sub Divisional Officer. The learned Additional Public Prosecutor on this ground has opposed the application. 4.

It is seen that the petitioners have challenged the order passed by the Sub Divisional Officer. The prayer sought to be incorporated, in my view, would be for seeking a consequential relief depending upon the order of this Court on merits. Therefore, the application is allowed. 5.

The amendment be carried out within a period of one week. The amended copy of the petition be furnished to the learned Additional Public Prosecutor.

6.

Learned Additional Public Prosecutor may file the reply.

7.

List the matter after two weeks for final disposal. (G. A. SANAP, J.) Jayashree..

Signed By:JAYASHREE SHARAD SHINGNE