Sushikshit Berojgar Footpath Asso. Hinganghat, Thr. President, Vijay Vasantrao Talwekar v. State Of Maharashtra, Thr. Collector, Wardha And Another

0401caw2158.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application (CAW) No.2158 of 2018 In Writ Petition No.7736 of 2017 (Disposed of vide order dt. 9-8-2018) Sushikshit Brojgar Footpath Association, Hinganghat, through its Acting President, Shri Vijay Vasantrao Talwekar

Versus

State of Maharashtra, through Collector, Wardha, Distt. Wardha, and another. Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri V.V. Deo, Advocate for Applicant/Petitioner. Shri Amit Madiwale, Assistant Government Pleader for Respondent No.1.

Shri A.S. Deshpande, Advocate for Respondent No.2. Coram : R.K. Deshpande & Arun D. Upadhye, JJ. Dated : 4 th January, 2019 Civil Application No.2847 of 2017 filed in pending Writ Petition No.7736 of 2017 was not considered. By the said application, the subsequent events were brought on record and placing reliance on certain instances, the regularization of encroachment was claimed. This Court had dismissed the writ petition on 9-8-2018 without considering the said application for amendment.

We, therefore, clarify that it shall be open for the applicant/petitioner to file a separate petition claiming the

0401caw2158.18.odt reliefs, as were claimed in the application for amendment, and the dismissal of the writ petition by an order dated 9-8-2018 shall not come in the way of the parties.

With this clarification, the application for recall of the order stands disposed of.

(Arun D. Upadhye, J.) (R.K. Deshpande, J.) Lanjewar