This interim application allowed the petitioners to amend their writ petition to challenge the rejection of their representations by the Central Government, facilitating effective adjudication on merits.
Interim application allowed; amendment of writ petition allowed to be carried out within two weeks.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6-ia2647-2021 in ospil16-2022
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 2647 OF 2021 IN
PUBLIC INTEREST LITIGATION NO. 16 OF 2022
Meera Yadav & Anr. …Petitioners
V/s.
Union of India, through the Central TB Division & Ors. …Respondents
Mr. Anand Grover i/by Mr. Rahul Kamerkar for the petitioners. Mr. D. P. Singh for Union of India. Ms. K. H. Mastakar for MCGM.
Ms. Jyoti Chavan, AGP for the State.
CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE: APRIL 4, 2022
P.C.:
1. The representations of the petitioners were considered by the Central Government in deference to the order dated 10th March, 2021 of a coordinate Bench of this Court; however, such representations stand rejected by an order dated 27th April 2021.
2. Interim Application No. 2647 of 2021 is an application at the instance of the petitioners seeking amendment of the writ petition. By amending the writ petition, the petitioners seek to mount a challenge to such order dated 27th April 2021.
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6-ia2647-2021 in ospil16-2022
3. Having heard Mr. Grover, learned senior advocate for the petitioners, Mr. Singh, learned advocate for the Central Government and Ms. Mastakar, learned advocate for the Municipal Corporation, we are of the opinion that the amendment, as prayed, ought to be allowed for effective adjudication on merits as also to meet the ends of justice.
4. The interim application stands allowed. No costs.
5. Amendments to be carried out within two (2) weeks from date. Re-verification is dispensed with.
6. Reply-affidavit to the amended writ petition be filed by 7th June 2022; rejoinder thereto, if any, may be filed by 21st June 2022.
7. List the writ petition on 4th July 2022 .
Digitally signed by ATUL ATULGANESHKULKARNI GANESHKULKARNIDate:2022.04.04 19:31:27 +0530
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1 issue framed by the court
Whether the amendment to the writ petition to challenge the order dated 27th April 2021 should be allowed.
1 provisions across 1 enactments
Meera Yadav & Anr.
Union of India
Dipankar Datta
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court