Rounak Industries Thr His Represeantative Mahesh Harishankar Gautam Vs Dnyanoba Rangnath Munde and Ors. — Bombay HC (2024) — LawSathi Research

Rounak Industries Thr His Represeantative Mahesh Harishankar Gautam Vs Dnyanoba Rangnath Munde and Ors. — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order: all Civil Applications (Nos. 1716, 2078, 2079, 2080 and 2889 of 2024 in WP/1083/2024) allowed; Petitioner directed to add the Intervenors (Roundak Industries and M/s T.P. Saurya Ltd.) as Respondents; notices to be issued to added Respondents and waived by their advocates; consideration of the two District Collector, Chhatrapati Sambhajinagar orders dated 28/02/2024 (Case Nos. 2024/Home/CR-01 and 2024/Home/CR-02/24) deferred; matter stood over to 05/04/2024 in the 'urgent orders' category.

Issue for consideration

Whether the Civil Applications for addition of parties and the Petitioner's desire to amend the Writ Petition should be allowed. +1 more

Court's answer

All the Civil Applications filed in the matter (for addition of parties and relating to the Petitioner's proposed amendment) are allowed.

Ratio / Principle

The Petitioner shall add the Intervenors as Respondents in the Writ Petition.

Key takeaways

Notices are to be issued in the Writ Petition to the added Respondents, and service of notices stands waived by all the learned Advocates on behalf of the Intervenors/added Respondents.ratio¶¶41
Recording the admitted facts - that the tower was erected at the earmarked place (and was never to be erected in the Petitioner's land), that stringing of the connecting wires was completed when no crops were standing in the Petitioner's land - the Court observed that there is no hindrance for the project to proceed as per its plan.obiter¶¶36
The submissions of the learned Advocates on the two orders passed by the District Collector, Chhatrapati Sambhajinagar, both dated 28/02/2024, in Case No.2024/Home/CR-01 and Case No. 2024/Home/CR-02/24, will be considered by the Court on the next date; the matter stands over to 05/04/2024 in the 'urgent orders' category.

Detailed headnote1 paragraphs

Bombay High Court (Bench at Aurangabad), 15 March 2024 (Ravindra V. Ghuge and R. M. Joshi, JJ.), interlocutory order in Writ Petition No. 1083 of 2024, Dnyanoba Rangnath Munde v. State of Maharashtra (with Civil Application Nos. 1716, 2078, 2079, 2080 and 2889 of 2024). Recording the admitted facts that the transmission tower was erected at the earmarked place (never to be erected in the Petitioner's land) and that stringing of the connecting wires was completed when no crops were standing in the Petitioner's land, the Court observed that there was no hindrance for the project to proceed as per its plan. All the Civil Applications filed for addition of the parties (Roundak Industries and M/s T.P. Saurya Ltd.) and concerning the Petitioner's desire to amend the Petition were allowed, with the Petitioner directed to add the Intervenors as Respondents in the Writ Petition; notices to the added Respondents were ordered and waived by the learned Advocates for the Intervenors/added Respondents. Consideration of the submissions on two orders passed by the District Collector, Chhatrapati Sambhajinagar, both dated 28/02/2024, in Case No.2024/Home/CR-01 and Case No. 2024/Home/CR-02/24 was deferred to the next date; Advocate A. M. Gaikwad, on the Panel of the Electricity Transmission Company (for Respondent Nos. 2 & 3), was requested to address the Court on the next date. The matter stood over to 05/04/2024 in the 'urgent orders' category.

1083.24wp

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

917 WRIT PETITION NO. 1083 OF 2024

DNYANOBA RANGNATH MUNDE VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WITH

CIVIL APPLICATION NO. 1716 OF 2024 IN WP/1083/2024

ROUNAK INDUSTRIES THR HIS REPRESENTATIVE MAHESH HARISHANKAR GAUTAM

VERSUS

DNYANOBA RANGNATH MUNDE AND ORS

WITH

CIVIL APPLICATION NO. 2080 OF 2024

IN WP/1083/2024

ROUNAK INDUSTRIES THR HIS REPRESENTATIVE VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WITH

CIVIL APPLICATION NO. 2079 OF 2024 IN WP/1083/2024

M/S T.P. SAURYA LTD., THR ITS REPRESENTATIVE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WITH

CIVIL APPLICATION NO. 2078 OF 2024 IN WP/1083/2024

M/S T.P. SAURYA LTD., THR ITS REPRESENTATIVE VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

1083.24wp

(2)

WITH

CIVIL APPLICATION NO. 2889 OF 2024 IN WP/1083/2024

DNYANOBA RANGNATH MUNDE VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Mr G. V. Wani, Advocate for Petitioner; Mr S. K. Tambe, A.G.P. for Respondent No.1 Mr K. D. Khade and Mr Shreyash Sharma, Advocates h/f Mr R. R. Totala, Advocate for Respondent/Intervenor Mr A. M. Gaikwad, Advocate for Respondent Nos.2 & 3

CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 15^th March, 2024

PER COURT:

The admitted facts as they stand today, are that, a tower at the place earmarked has been erected. The tower was never to be erected in the land of the present Petitioner. The stringing of the wires connecting the towers has already been completed. When stringing was done, there were no crops standing in the land of the Petitioner. In these circumstances, there is no hindrance for the project to proceed as per it’s plan.

1083.24wp (3)

Insofar as the Civil Applications filed for addition of the parties and the Petitioner’s desire to amend the Petition, we have heard all the learned Advocates for the respective sides. All these Civil Applications are allowed. The Petitioner shall add the Intervenors as Respondents in the Writ Petition.

WRIT PETITION

Issue notices in the Writ Petition to the added

Respondents. Notices are waived by all the learned Advocates on behalf of the Intervenors/added Respondents.

Insofar as the two orders passed by the District Collector, Chhatrapati Sambhajinagar, both dated 28/02/2024, in Case No.2024/Home/CR-01 and Case No. 2024/Home/CR-02/24, we would consider the submissions of the learned Advocates for the respective sides, on the next date.

The learned Advocate Shri. Gaikwad was requested to address the Court since he is on the Panel of the Electricity Transmission Company. He waives service and submits that, he would collect the copies of the Petition paper book and address the Court on the next date by taking instructions.

1083.24wp

(4)

As such, stand over to 05/04/2024 in the ‘urgent

orders’ category.

(R. M. JOSHI, J.)

(RAVINDRA V. GHUGE, J.)

sjk

Signed by: Sachin J Kulkarni Designation: PA To Honourable Judge Date: 19/03/2024 11:46:08