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Bombay High CourtIA/3801/2026allowed

Prakash Gajanan Bhoir And ORS v. State Of Maharashtra Through Secy. Town Planning Ministry And ANR

2026-06-12Hon'Ble Shri Justice Manish Pitale , Hon'Ble Shri Justice Shreeram Vinayak Shirsat2 pages

30-ia-3801-2026.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.3801 OF 2026 IN WRIT PETITION NO. 18457 OF 2024 VISHAL SUBHASH PAREKAR Prakash Gajanan Bhoir and Others ...Applicants

Versus

State of Maharashtra and Another

...Respondents

VISHAL SUBHASH PAREKAR Date: 2026.06.12 19:17:45 +0530 ****** Mr. S.A. Bhalwal a/w. Mr. Pritesh Bodekar i/b. Vyas & Bhalwal, for the Applicants/ Petitioners.

Mr. Kedar Dighe a/w. Smt. Tanu Bhatia, AGPs for the State. ******

CORAM

: MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.

DATE : 12th JUNE, 2026 P.C. :

1.

By this application, the applicants/petitioners are seeking leave to amend the Writ Petition as per Schedules I, II and III annexed to the application. As per the proposed amendments, the applicants/petitioners seek to add the Director of Town Planning of the respondent State as party respondent and also seeks to raise grounds to contend that the reservation has lapsed. In that light, further prayers are also sought to be added in the Writ Petition concerning the question of lapsing of reservation. 2.

In the interest of justice, we are inclined to allow the amendment. Vishal Parekar ....1

30-ia-3801-2026.doc 3.

We are of the opinion that by allowing the amendment, we are not commenting upon the merits of the claims made on behalf of the petitioners and that the respondent State authorities including the proposed respondent can respond on the merits of the matter.

4.

In view of above, the application is allowed in terms of prayer clauses (a) and (b).

5.

The amendments shall be carried out within two weeks from today. 6.

Issue notice to the newly added respondent.

7.

Learned AGP waives notice on behalf of the State authority. 8.

The respondent, including the newly added respondent, may file their comprehensive reply affidavits within three weeks of the petitioners' serving amended copy of the petition on the respondents. 9.

List for further consideration on 28th July, 2026. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) Vishal Parekar ....2