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Bombay High CourtCAW/1016/2021allowed

Bajirao S/O Laxman Lambat v. Ministry Of Road Transport And Highway, Govt. Of India, New Delhi Thr. Secretary And Others

2022-02-17Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Shri Justice G. A. Sanap2 pages

9-CAW-1016-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (W) NO. 1016 OF 2021 IN WRIT PETITION NO. 6919 OF 2019 BAJIRAO S/O LAXMAN LAMBAT

VERSUS

MINISTRY OF ROAD TRANSPORT AND HIGHWAY, GOVERNMENT OF INDIA, THROUGH ITS SECRETARY, NEW DELHI 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 A. A. Sambaray, Advocate for petitioner. Shri Nandesh Deshpande, A.S.G.I. for respondent No.1. Shri A. A. Kathane, Advocate for respondent No.2. Ms. S.S. Jachack, AGP for respondent No.3.

CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ. DATE : 17/02/2022 It is stated that the original petitioner died on 24/04/2021. The applicant Nos.1-A to 1-C are legal heirs. It is stated that the right to prosecute the petition survives and therefore, it is necessary to bring them on record instead and in place of original petitioner.

In view of the facts stated in the application, we do not see any reason to reject the application. The application is accordingly allowed.

The applicant Nos.1-A to 1-C are allowed to be brought on record instead of original petitioner. The amendment be carried out within one week. Civil application stands disposed of.

9-CAW-1016-21 CIVIL APPLICATION (W) NO. 108 OF 2020 This application is made for addition of party respondent No.4. The necessary facts to justify the addition of respondent No.4 as party to the petition have been mentioned in the application.

Considering the nature of dispute and for complete adjudication of the same, the prayer deserves to be granted. The application is accordingly allowed.

The respondent No.4 is allowed to be added as party in this petition.

The amendment / correction be carried out within one week.

Civil application stands disposed of.

WRIT PETITION NO. 6919 OF 2019 After the amendment is carried out, issue notice to the respondents, returnable within four weeks. Shri Nandesh Deshpande, A.S.G.I. waives notice for respondent No.1.

Shri A.A. Kathane, learned Advocate waives notice for respondent No.2.

Ms. S.S.Jachak, learned Assistant Government Pleader waives notice for respondent No.3.

After amendment, the petitioner shall serve respondent No.4.

(G. A. SANAP, J.) (A.S. CHANDURKAR, J.) Choulwar VITHAL MAROTRAO CHOULWAR MAROTRAO CHOULWAR Date: 2022.02.17 18:55:21 +0530