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Bombay High CourtCAW/1206/2022allowed

State Of Maharashtra, Thr. Principal Secretary To The Governor, Mumbai And ORS v. Ramesh Krishna Rao Yewale

2022-06-23Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke2 pages

caw1206.22 18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.1206 OF 2022 IN WRIT PETITION NO.3056 OF 2022 State of Mah., thr.its Principal Secretary to the Governor Raj Bhavan, Mumbai and anr ..vs..

Ramesh Krishna Rao Yewale and anr ............................................................................................................................................................................ OfÏce Notes, OfÏce Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................ Shri R.R.Shetty, Special Counsel for the Applicants/Petitioners. Shri S.D.Dewani, Counsel for the Respondent No.1. CORAM : A.S.CHANDURKAR & URMILA JOSHI-PHALKE, JJ. DATED : JUNE 23 , 2022 1.

The applicants/petitioners seek to amend the writ petition by placing on record documents that have been received after passing of the order dated 9.2.2022 by the Maharashtra Administrative Tribunal which is impugned in this writ petition. It is urged that these documents substantiate the challenge as raised to the impugned order.

2.

Shri S.D.Dewani, the learned counsel for the respondent No.1 opposes the amendment as sought on the ground that the impugned order does not proceed on the basis of the document dated 29.12.2003 with regard to which the applicants/petitioners have obtained the report on 2.3.2022. According to the learned counsel, the said document now sought to be placed on record is not relevant for deciding the challenge to the order dated 9.2.2022. 3.

Prima facie, after perusal of paragraph No.4.4 of the reply filed by the applicants/petitioners before the Tribunal, we are inclined to allow the amendment. The legal effect of those documents would be considered while considering the writ petition for admission and it would be open for the respondent No.1 to urge that the said documents do not support the stand of the applicants/petitioners. 4.

Accordingly, the amendment is allowed and the same be .....2/-

caw1206.22 18 carried out within a period of one week from today. 5.

The civil application stands disposed of.

WRIT PETITION NO.3056 OF 2022 Place this writ petition on 21.7.2022 along with other connected writ petitions.

(URMILA JOSHI-PHALKE, J.) (A.S.CHANDURKAR, J.) !! BrWankhede !!

by BHUSHAN RANA WANKHEDE Date:

2022.06.27 17:33:39 +0530 BHUSHAN RANA WANKHEDE ...../-