Bombay High CourtCAW/1263/2020ca disposed off

Suraj S/O Diwakar Pandile v. The State Of Maharashtra, Through Its Secretary, Rural Development Department, Mumbai And 3 Others

2022-12-19Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice Anil L. Pansare1 pages

1 52-CAW-231-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (W) NO. 231 OF 2020 IN WRIT PETITION NO. 27 OF 2020 (Suraj s/o Diwakar Pandile Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri S.W. Sambre, Advocate for the applicant/ petitioner. Shri A.A. Madiwale, Assistant Government Pleader for respondent Nos. 1 to 4/ State. Shri O.R. Deshpande, Advocate for the intervenor (CAW 1263/2020). CORAM : A. S. CHANDURKAR AND ANIL L. PANSARE , JJ.

D ATE : DECEMBER 19 , 202 2 .

By this application, the petitioner seeks to implead parties to the litigation before the Tahsildar, Maregaon. The said proceedings culminated into the order dated 29/11/2020. Since it is found that the parties now proposed to be added were the non-applicants in those proceedings, the application is allowed. The parties are permitted to be added as respondent Nos. 5 to 9. The Civil Application is disposed of.

CIVIL APPLICATION (W) NO. 1263/2020 This application has been moved by the Gram Panchayat, Mardi through its Secretary seeking leave to intervene in the present proceedings. In the application, it is stated that since dispute of encroachment is the subject matter of the proceedings, the presence of the Gram Panchayat is necessary herein. Though the said application is opposed by filing reply, we find that presence of the Gram Panchayat would assist the Court in adjudicating the proceedings. Hence, the Civil Application is allowed and the Gram Panchayat is permitted to intervene in the present proceedings. The Civil Application is disposed of.

W RIT PETITION NO. 27/2020 Issue notice to the newly added respondents, returnable in four weeks. In the meanwhile, the intervenor is free to file affidavit-in-reply. (ANIL L. PANSARE, J.) (A. S. CHANDURKAR, J.) AGRAWAL SUMIT