Prakash S/O Santosh Lande v. The Honble State Minister (Revenue), Maharashtra State, Mumbai And Others

2025:BHC-NAG:14900

15. CAW 2940 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.2940/2025 IN WRIT PETITION NO.307/2021 Prakash S/o Santosh Lande and others ...Versus...

The Hon'ble State Minister (Revenue), Maharashtra State, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Mr. Raunak Kurani, Advocate h/f Mr. A.B. Patil, Advocate for petitioners Mrs. D.I. Charlewar, AGP for respondent Nos.1 to 4 Mr. R.L. Kadu, Advocate for respondent No.6 CORAM : ROHIT W. JOSHI, J.

DATE : 22/12/2025 1.

The original petitioners had made a motion for withdrawal of the petition, however, present applicants had moved an application, seeking permission to prosecute the petition on the ground that the Well in question is a public Well. The said application was allowed vide order dated 11/11/2025. Petitioners Nos.2 to 6/applicants have filed the present application in order to amend the petition. 2.

Perusal of the application will demonstrate that the petitioners intend to incorporate certain averments showing that the Well in question is a public Well. 3.

Learned Advocate for the respondent No.6 strongly opposes the application on the ground that the petitioners do not have locus to maintain the petition and file such application. He also contends that there is no documentary evidence in support of the contention of the

15. CAW 2940 of 2025.odt petitioners that the Well in question is a public Well. As regards contention that the petitioners have no locus to file application for amendment, the same is rejected in view of earlier order dated 11/11/2025. The objection pertaining to lack of documentary evidence pertains to merits of the matter, which obviously cannot be looked into while deciding an application for amendment. The objections raised are therefore rejected.

4.

Civil Application for amendment is allowed. Necessary amendment be carried out before 10/01/2026. 5.

List the petition for final hearing at admission stage on 04/02/2026.

(ROHIT W. JOSHI, J.) Wadkar