Maharashtra Shikshan Sanstha, Kalmeshwar, Nagpur Thr. President Ashok S/O Shankarrao Dharmik v. State Of Maha. Through Secretary, Urban Development Department, Mumbai And Others

caw363.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (C.A.W) NO.363/2024 IN WRIT PETITION NO.4326/2016 (Maharashtra Shikshan Sanstha, Kalmeshwar Vs. State of Maharashtra and others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anand Parchure, Advocate for the applicant/petitioner. Mr. H.D. Marathe, Assistant Government Pleader for respondent Nos.1, 3 and 4. Mr. O.A. Ghare, Advocate for respondent No.2. CORAM: NITIN W. SAMBRE & MRS.VRUSHALI V. JOSHI, JJ. DATED: 12.11.2024.

Heard.

2.

The prayer is for amendment to the petition which is strongly objected by the learned Advocate for the respondents on the ground that the proposed amendment changes the entire basis of the litigation.

3.

The petition is informed to be admitted.

4.

The fact remains that the petitioner has sought to rely on the certain subsequent communications issued by the respondent Municipal Council and revenue authorities.

5.

In that view of the matter, we deem it appropriate to allow the prayer for amendment.

6.

The amendment to be carried out within two weeks. If the amendment is not carried out within the stipulated period, the petition shall stand dismissed without reference to Court.

caw363.2024.odt 7.

We grant four weeks time to the respondents to file consequential affidavit.

(MRS.VRUSHALI V.JOSHI, J.) (NITIN W. SAMBRE, J.) Tambaskar.