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Bombay High CourtCAW/144/2020admittedallwdgrantedrule absolute

Shri Dattatraya Sansthan Shikhar Mahur Through Secretary Shri. Ganesh Tukaram Patil v. Sub Divisional Officer And Competent Authority Of Land Acquisition, Yavatmal And Others

2020-01-24Hon'Ble Shri Justice R.V. Ghuge2 pages

1 caw144.20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO. 144 OF 2020 IN WRIT PETITION NO. 5817 OF 2019 Shri Dattatraya Sansthan Shikhar Mahur, Through Secretary Shri Ganesh Tukaram Patil Vs.

Sub Divisional Officer and Competent Authority of Land Acquisition, Yavatmal and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Anand Parchure, Advocate for the petitioner Mr. P.P. Deshmukh, Advocate for the respondent nos.33. Mr. G.R. Kothari, Advocate for respondent no.15. CORAM :MANISH PITALE, J.

DATED : JANUARY 24, 2020 Although this application states that legal representatives of deceased respondent nos.15 and 17 are required to be brought on record, respondent no.15 is a Dargah and it is stated that the then trustee has expired. Therefore, there is no question of bringing on record the legal representatives of respondent no.15. Only the name of present trustee will have to be substituted. The said prayer is granted. 2.

Insofar as bringing on record legal representatives of respondent no.17 is concerned, it is stated that the fact of demise of the said respondent came to the knowledge to the petitioner, after notices were issued by this Court.

2 caw144.20.odt 3.

For the reasons stated in the application, the same is allowed and legal representatives of respondent no.17, details of whom are given in paragraph 3 of the application, are permitted to be brought on record. Consequential amendment be carried out forthwith.

4.

Mr. G.R. Kothari, learned counsel waives service of notice for the substituted trustee of respondent no.15 and legal representatives of the respondent no.17.

5.

Since this application is filed in a pending writ petition, the application for condonation of delay and for setting aside abatement are unnecessary and no orders need to be passed. They be treated to be disposed of.

JUDGE srwagh