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Bombay High CourtCAW/986/2018allowed

Shri. Sarjerao Krishna Shirke And ORS v. The Divisional Commissioner, Pune Divsion, Pune And ORS

2018-06-25Hon'Ble Shri Justice K.K. Tated,Hon'Ble Shri Justice B.P. Colabawalla2 pages

19caw.986.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.986 OF 2018 IN WRIT PETITION NO. 10222 OF 2016 Shri Sarjerao K. Shirke and Others ..Applicants

IN THE MATTER BETWEEN

Shri Sarjerao K. Shirke and Others ..Petitioners Vs.

The Divisional Commissioner and Others ..Respondents Mr. S. T. Bhosale I/b Dilip Bodake, for the Applicants. Mrs. Kirti R. Kulkarni, AGP, for Respondent Nos.1 to 3. CORAM:­K. K. TATED & B. P. COLABAWALLA,JJ.

DATE :­ JUNE 25, 2018.

P. C.:

Heard. By this Civil Application, the Applicants/Petitioners are seeking permission to carry out amendment in the Writ Petition as stated in paragraph 2 of the Civil Application. Considering the submissions made by the learned counsel for the Applicants and the averments made in the Civil Application, we Aswale 1/2

19caw.986.18.doc are satisfied that the Applicants have made out a case for allowing the Civil Application. Hence, following order is passed:­ (i). Civil Application is allowed in terms of prayer clause (a) which reads thus:

"(a):This Hon'ble Court be pleased to allow the applicants to amend the Writ Petition by adding the amended para no.13 (a) and 13 (b) and pdrayer clause (b) (i) and (ii) to para.20 and the script above the Writ Petition as mentioned in para.2 of the present Civil Application." (ii). The Applicants to carry out amendment on or before 13th July, 2018,failing which the Civil Application shall stand dismissed without furtherreference to the court.

(iii). If amendment is carried out within stipulated time as stated hereinabove, an amended copy of the Writ Petition along with all annexures shall be served on the advocate for the other side on or before 20th July, 2018 and file affidavit of service to that effect. (iv) Liberty granted to the Respondents, if they so desire, to file additional affidavit in reply to the amended Writ Petition, if any on or before 31st August, 2018 with copy to other side. (v). Civil Application stands disposed of accordingly. (vi). The Writ Petition to appear on board under the caption "for direction" on 3rd September, 2018.

( B. P. COLABAWALLA, J. ) ( K. K. TATED, J. ) Aswale 2/2