Bombay High CourtCAW/1342/2016ca disposed off

Devidatt S/O Sagarmal Murarka v. The State Of Maharashtra Through The Secretary,D Eptt. Of Revenue And Forest Deptt. Mumbai And Othe

2016-07-27Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Kum. Justice Indira Jain3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAW) NO.1342 OF 2016 IN WRIT PETITION NO.1524 OF 2005 Devidatt S/o Sagarmal Murarka ..vs..

The State of Maharashtra, through the Secretary, Department of Revenue and Forest, Mantralaya, Mumbai-32 and or ....................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ....................................................................................................................................................... Shri V.V. Bhangde, counsel for the applicant/petitioner. Mrs.S.S. Jachak, counsel for NA No.4/Resp.

Mrs. A.R. Kulkarni, AGP for NA Nos.1,2,3,5, & 6.

CORAM

: B.P. DHARMADHIKARI & KUM. INDIRA K. JAIN, JJ.

DATED : JULY 27, 2016.

Heard.

Keeping objection to locus of the petitioner [earlier petitioner Devidatt s/o Sagarmal Murarka (since deceased)] and applicant Umesh Choubey, in the civil application, open, we allow the civil application. The applicant is permitted to substitute deceased petitioner.

Deposit made by Devidatt s/o Sagarmal Murarka shall continue during pendency of this petition. Learned counsel Shri A.M. Ghare for nonapplicant No.7/respondent has urged that as Shri Umesh Choubey is not party to the petition, if he is .....2/-

aggrieved, he should be permitted to file a fresh petition. We find the objection misconceived. Subject matter of the petition is alleged unauthorized and illegal construction by non-applicant No.7/respondent. The petition is pending since 2005 and we are not inclined to waste further time in examining the issue. The application is accordingly allowed and disposed of.

JUDGE JUDGE !! BRW !!

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