Oral order allowing intervention in PIL No.37 of 2019 by applicants claiming land ownership to oppose petitioner's personal interest.
Oral prayer for amendment of the application allowed; application allowed with amendment to be completed within one week.
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8-ca5609.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
CIVIL APPLICATION NO. 5609 OF 2019 IN
PUBLIC INTEREST LITIGATION NO.37 OF 2019
Balaji @ Balasaheb s/o Bhimrao
Kadam and Anr.
..Applicants
VERSUS
Anandrao s/o Sambhaji Kadam
and others
..Respondents
Mr. P.V.Mandlik, Senior Advocate for applicants;
Mr. B.S.Shinde, Advocate h/f. V.P.Latange, Advocate for
respondent no.1
Mrs A.V.Gondhalekar, AGP for respondent nos.2 to 4;
Mr. D.S.Manorkar, Advocate for respondent Nos.6 and 8
CORAM : PRASANNA B. VARALE &
R.G. AVACHAT, JJ.
DATE :JULY 22, 2019
ORAL ORDER:
By the present application, the applicants pray
for intervention in Public Interest Litigation No. 37 of
2019.
2. At the outset, Mr.Mandlik, learned Senior
Counsel for the applicants, prays for grant of leave to
amend the application by placing on record a copy of the
plaint and the order passed by learned Civil Judge,
Junior Division, Kalamnuri, on 5th March, 2019, showing
that the petitioner in Public Interest Litigation was a
party/plaintiff no.3 to the proceedings filed before the
learned Civil Judge, Junior Division, Kalamnuri.
3. The oral prayer for amendment of the application
is allowed. Necessary amendment be carried out during
the course of day.
4.Learned Senior Counsel for the applicants
further submits that the petitioner in the Public
Interest Litigation, is protecting his personal interest
only. However, present applicants, who are lawful owners
of the lands by way of certain notification and would be
the beneficiaries, are before this Court to protect the
larger public interest and to oppose the minimal personal
interest of the petitioner in the Public Interest
Litigation. Learned Senior Counsel further submits that
all the facts are not brought to the notice of this Court
by the petitioner and if present applicants are permitted
to intervene in the Public Interest Litigation, they
would be in a position to bring all the necessary facts
before this Court, so as to consider Public Interest
Litigation in its proper perspective.
5.Learned Counsel for the petitioner in the Public
Interest Litigation, is not opposing intervention
application.
6.The Civil Application is, therefore, allowed in
terms of prayer clause (A). Necessary amendment be
carried within one week.
7.Post public Interest Litigation for further
consideration after two weeks.
[R.G. AVACHAT, J.] [PRASANNA B. VARALE,J.]
kbp
Balaji @ Balasaheb s/o Bhimrao Kadam and Anr.
Anandrao s/o Sambhaji Kadam and others
R.G. AVACHAT
PRASANNA B. VARALE
As recorded by the court registry
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