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Bombay High CourtCAW/1882/2017admittedallwdgrantedrule absolute

Udaysing Narsing Hajari v. Collecor, Nagpur And Others

2017-09-06Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Arun Digambarrao Upadhye2 pages

0609caw1882.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION W. NO.1882/2017 IN WRIT PETITION NO.1436/2017 Udaysing Narsing Hajari ...Versus...

Collector, Nagpur - 440 001 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 M.P. Khajanchi, Advocate for petitioner Shri N.S. Rao, AGP for respondent no.1 Mrs. Radhika Bajaj, Advocate for respondent nos.2 and 3 Shri N.A. Padhye, Advocate for respondent no.4 CORAM : B.P. DHARMADHIKARI AND ARUN D. UPADHYE, JJ.

DATE : 06.09.2017 Heard for some time.

2.

Civil application is taken out by the petitioner simply for grant of leave to raise additional grounds and claiming additional reliefs.

3.

According to learned Counsel for respondent no.4, grounds available at the time of filing of petition must be presumed to be given up and hence, could not be allowed to be raised. He further submits that in the writ petition, seeking mandamus, now a quo warranto is being added. He claims that it changes the nature of writ petition and therefore, such amendment cannot be allowed. He points out that reply has been drafted and will be filed during the course of the day.

0609caw1882.17.odt 4.

Learned Assistant Government Pleader for respondent no.1 and learned Counsel for respondent nos.2 and 3 are also supporting learned Counsel for respondent no.4. 5.

Writ petition is not admitted. Its maintainability is questioned on the ground of availability of alternate remedy. 6.

Hence, in this situation, keeping all contentions of respondents open, we allow the civil application. Necessary amendment be carried out within one week.

7.

Additional reply, if any, be filed within further period of one week.

List the matter on 20/09/2017.

JUDGE JUDGE Wadkar