Prof Dr. Nikhil D. Datar ANR ORS v. State Of Maharashtra Thoru. The Chief Secretary And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.7088 OF 2024 IN PUBLIC INTEREST LITIGATION NO.3 OF 2024 Prof. Dr. Nikhil D. Datar & Ors.

.....Applicants/ Petitioners Digitally signed by BASAVRAJ GURAPPA PATIL Date:

2024.06.20 16:28:24 +0530 BASAVRAJ GURAPPA PATIL Vs.

The State of Maharashtra & Ors.

..... Respondents Prof. Dr. Nikhil D. Datar, applicant/petitioner in person Mr. P. P. Kakade, Government Pleader with Mr. O. A. Chandurkar, Addl. Government Pleader and Mrs. G. R. Raghuwanshi, AGP for respondent Nos.1 to 4 - State Mr. Aditya S. Raktade i/b. Hanmant Patil for Latur Municipal Corporation Mr. Santosh Parad a/w. Mr. Pradeep M. Patil for respondent No.5-MCGM Mr. Y. R. Mishra for respondent No.6 & 7 - Union of India.

CORAM:

DEVENDRA KUMAR UPADHYAYA, CJ. & AMIT BORKAR, J.

DATE : JUNE 20, 2024 P.C.

INTERIM APPLICATION NO.7088 OF 2024 1.

By moving this interim application, the petitioner in-person seeks to implead the Union of India through Ministry of Health and Family Welfare and National Medical Commission as party respondents.

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2.

Having regard to the nature of the amendment sought, the interim application is allowed in terms of prayer clause (a). 3.

The petitioner is permitted to make amendments as per the schedule appended to the interim application, within a week. Reverification is dispensed with.

4.

The interim application stands disposed of.

PUBLIC INTEREST LITIGATION NO.3 OF 2024 5.

Issue notice to the newly impleaded respondents, returnable on 18th July 2024.

6.

Mr. Y. R. Mishra, learned Counsel has put in appearance on behalf of the newly impleaded respondent No.7 - the Ministry of Health & Family Welfare, Union of India and waives service. 7.

Affidavit-in-reply on behalf of the State - respondents has been filed to which rejoinder has also been filed. 8.

Learned Counsel representing Municipal Corporation of Greater Mumbai (Respondent No.5) prays for and is granted two weeks' time to file affidavit-in-reply to the averments made in the PIL petition, after serving a copy thereof upon the petitioner, Page | 2

who appears in-person. Rejoinder to the said affidavit-in-reply may be filed by the petitioner by the next date of listing. 9.

Learned Government Pleader shall apprise the authorities concerned of the averments made in the rejoinder affidavit filed by the petitioner and file their response to the same as well, within two weeks.

10.

Stand over to 18th July 2024.

(AMIT BORKAR, J.) (CHIEF JUSTICE) Page | 3