Bombay High CourtCAW/1107/2021ca disposed off

Rakhi Suresh Chavan v. State Of Maharashtra, Through Its Secretary, Dept. Of Education, Mumbai And Others

2021-12-15Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice G. A. Sanap2 pages

25-CAW-1107-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (W) NO. 1107 OF 2021 IN WRIT PETITION NO. 4902 OF 2018 RAKHI SURESH CHAUHAN

VERSUS

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 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. M. Vaishnav, Advocate for applicant/petitioner. Shri N. R. Patil, AGP for respondent Nos.1 & 2. Shri S. S. Dhengale, Advocate for respondent Nos.5 & 6. CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ. DATE : 15/12/2021 Heard.

This application has been made for amendment of the petition. The proposed amendment has been set out in the application. It is stated that for complete adjudication of the dispute between the parties, the proposed amendment is necessary. The relevant facts to justify the necessity of the amendment have been pleaded in the application. The reply is filed by the respondent Nos.5 and 6. The respondent Nos.5 and 6 have opposed the amendment on the ground that for the adjudication of the dispute, the proposed amendment is not necessary.

On going through the facts stated in the amendment application and reply, we are of the view that for complete adjudication of the dispute raised by the petitioner, the

25-CAW-1107-21 amendment would be necessary. The respondent Nos.5 and 6 would not be prejudiced, if an opportunity is granted to them to file reply to the amended part of the petition. Accordingly, the application is allowed. The petitioner shall carry out the amendment within one week. Liberty is granted to the respondents to file additional reply to deal with the proposed amendment.

Civil Application stands disposed of.

WRIT PETITION NO. 4902 OF 2018 The matter be placed for admission after four weeks. (G. A. SANAP, J.) (A.S. CHANDURKAR, J.) Choulwar VITHAL MAROTRAO CHOULWAR VITHAL MAROTRAO CHOULWAR Date: 2021.12.16 16:24:48 +0530