Bombay High CourtWP/5084/2015dispossed offdismiss for default

Gangasagar Matsyapalan Sahakari Sanstha Maryadit, Bhiwapur Through Its Sect. Yashwant S/O T. Bambol v. The State Of Maha. Through Secretary, Rural Development And Water Conservation Deptt. And Others

2016-10-13Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Kum. Justice Indira Jain1 pages

1/1 wp5084.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 5084 OF 2015 Gangasagar Matsyapalan Sahakari Sanstha Maryadit, Bhiwapur, Dist.Gadchiroli,thr.its Secretary -vsThe State of Maharashtra, thr.the Secretary, Rural Development and Water Conservation Department and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Mr. R.M.Pande, counsel for the petitioner.

Mr. V.P.Maldhure, AGP for the respondent No.1. Mr. Jayant Mokadam, counsel for the respondent Nos.2 to 4. CORAM : SMT. VASANTI A NAIK & KUM. INDIRA JAIN, JJ.

DATE : 13.10.2016.

By this writ petition, the petitioner has sought a direction against the respondents to continue the lease in respect of fishing rights in the water tank at Walsara in favour of the petitioner. It is not in dispute that during the pendency of the writ petition, the lease for the fishing rights in the concerned tank in favour of the petitioner was cancelled in February, 2016. In view of the cancellation of the lease, the cause for filing the writ petition would not survive. It would not be proper to grant permission to the petitioner to amend the writ petition, as the petition would be cumbersome in view of the insertion of the proposed amendment, which is very longish. In the interest of justice, it would be necessary to dispose of this writ petition with liberty to the petitioner to file a fresh petition, if so advised.

In view of the aforesaid, the writ petition is disposed of with liberty to the petitioner to challenge the order of cancellation of lease in a fresh petition. No order as to costs. The points raised in the petition are kept open.

JUDGE JUDGE KHUNTE