M/S. Shruti Promoters, Thr. Partner, Dr. Prakash Jain v. The Collector, Nagpur And Competent Authority, (Ulc) Nagpur And Others

(1) 32 CAW-796-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.796 OF 2023 IN WRIT PETITION NO.8395 OF 2022 M/s. Shruti Promoters, through its Partner, Dr. Prakash Jain

...Petitioner

Vs.

The Collector, Nagpur and 8 Ors.

... Respondents.

Vidarbha Handicrafts Artisans Welfare Association, Nagpur.

.... Applicant.

------------------------------------------------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders ----------------------------------------------------------------------------------------------------------------------------------------------------------- Ms. Garima Jain, Advocate for the Petitioner. Mr. M.P. Khajanchi for Respondent Nos. 4 to 9. Mr. Firdos Mirza, Advocate for the Applicant. CORAM : NITIN W. SAMBRE AND VALMIKI SA MENEZES JJ.

DATED : 29/09/2023 1] This is an application for impleadment as party-respondent to the Petition.

2] We have heard the Counsel.

3] It is brought to our notice that Petitioner is seeking repossession/cancellation of allotment of the land in favour of the Applicant under the provisions of the Urban Land Ceiling Act. As such, we are of the view that Applicant will be directly affected party in case if the Petition is to be allowed.

(2) 32 CAW-796-23 4] In that view of the matter, we are of the view that Applicant is necessary party to the Petition. That being, so, Application stands allowed. Amendment to be carried out by the Petitioner within a period of two weeks from today. 5] Mr. Mirza, Counsel for the Applicant, waives service of notice for added Respondent.

6] In case, if amendment to the cause title is not carried out within a period of two weeks, Petition shall stand dismissed without further reference to the Court.

7] Stand over to 16th October, 2023. Interim order to continue till then.

(VALMIKI SA MENEZES, J.) (NITIN W. SAMBRE, J.) bdp-sps