Bombay High CourtCAW/1615/2016dispossed offdismiss for default

Prashant Bhagwantrao Raikwar And 2 Others v. State Of Maharashtra, Through Secretary And 2 Others

2016-10-24Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Kum. Justice Indira Jain2 pages

WP3662-11 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3662/2011 (PRASHANT BHAGWANTRAO RAIKWAR & OTHERS VERSUS STATE OF MAHARASHTRA & 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.R. Deshpande, counsel for the petitioners. Ms T. Khan, A.G.P. for the R-1 & 2.

Shri A.B. Patil, counsel for the R-3.

CORAM : SMT. VASANTI A NAIK AND KUM. INDIRA JAIN, JJ.

DATE : OCTOBER 24 , 2016.

To be heard finally in the first week of December-2016.

C.A.W. NO.1615/2016.

By this application, the petitioners seek permission to amend the writ petition.

We have perused the proposed amendment. The proposed amendment changes the nature of the petition as the petitioners have based their claim for a declaration in respect of de-reservation of the land of the petitioners on the basis of the notices issued in the year 2004 and 2005. Since the petitioners are now seeking a declaration of lapsing of reservation in pursuance of the notice dated 31.12.2014, the cause of action for filing the writ petition would change. Since the proposed amendment changes the nature of the petition that was filed in the year 2011, we are not inclined to allow the amendment application. The petitioners are free to take up appropriate proceedings in respect of the inaction on the part of the respondents after the notice dated 31.12.2014 was served on them.

WP3662-11 The civil application stands disposed of accordingly.

JUDGE JUDGE APTE