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Bombay High CourtCAW/1853/2022allowed

Shailesh M. Dhomne And Others v. State Of Maha. Thr. Principal Secretary, Dep. Of Higher And Technical Education, Mumbai And Others

2022-08-25Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke2 pages

1 WP4190-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 1853/2022 IN WRIT PETITION NO. 4190/2020 (SHAILESH M. DHOMNE & OTHERS VERSUS STATE OF MAHARASHTRA & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri P.S. Chawhan, counsel for the petitioners. Ms N.P. Mehta, Assistant Government Pleader for the R-State. Shri S.M. Puranik, counsel for the R-2.

Shri S.V. Manohar, Senior Advocate with Shri A.A. Naik, counsel for the R-3. Shri P.D. Meghe, counsel for the R-4.

Shri N.P. Lambat, counsel for the R-5.

Shri R.M. Bhangde, counsel for the R-7.

CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : AUGUST 25 , 202 2 .

By this application, the petitioners seek to amend the writ petition by raising a challenge to the order dated 21.09.2020 issued by the respondent no.5 granting permission for closure of the College from the academic session 2020-21. Further the order dated 07.03.2022 passed by the University approving the closure of the College is also sought to be challenged. It is submitted by the learned counsel for the applicants that the subsequent events have material bearing on the challenge as raised in the writ petition and hence the amendment deserves to be allowed. Though the learned Senior Advocate for the respondent no.4 does not have serious objection for granting amendment, it is submitted that there is delay in seeking such amendment. He submits that even if the amendment is permitted, the said ground be permitted to be urged when the writ petition would be heard.

The amendment is granted. The same be carried out within a period of one week. The aspect of delay in raising the challenge to the orders dated 21.09.2020 and 07.03.2022 is kept open for being urged when the writ petition would be heard. The civil application is allowed and disposed of.

2 WP4190-20.odt WRIT PETITION NO. 4190/2020.

Reply to the amended pleadings be filed by the returnable date. To be heard alongwith Writ Petition Nos.7087 of 2018 and 3101 of 2021 on 13.09.2022.

The Office to take necessary steps to club all the matters for being heard together.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) APTE byROHIT DATTATRAYA APTE