LAWS(BOM)-2019-7-325

PRAKASH PANDHARINATH RANE Vs. SUPERINTENDING ENGINEER PWD

Decided On July 29, 2019
Prakash Pandharinath Rane Appellant
V/S
SUPERINTENDING ENGINEER PWD Respondents

JUDGEMENT

(1.) Heard Mr Sant, learned Counsel appearing on behalf of the petitioners.

(2.) At the outset, Mr Sant, learned Counsel for the petitioners orally prays for an oral amendment to the petition. He submitted that the copy of representation submitted to the Collector is placed on record but inadvertently the Collector, Jalgaon is not made party to the petition and as such, the petitioners be permitted to add the Collector, Jalgaon as party respondent to the petition. The oral prayer for an amendment is allowed. Necessary amendment be carried out forthwith.

(3.) It seems that a limited grievance is raised in the present petition which is filed in this Court, named and styled as a public interest litigation. The grievance of the petitioner is of non carrying out the measurement, in spite of the representation submitted to the authorities and the authorities, more particularly respondent No.3 - the office of City Survey Officer issuing notices for undertaking an exercise of measurement but not completing the said exercise. For these submissions, Mr Sant invited our attention to the documents placed on record at Exh.'C' i.e. the copy of representation, the copies of notices at page 38-A, 39-A and 40 and then to Exh.'G' i.e. copy of an application dated 3rd July, 2019, wherein a reference is made that in spite of notices being issued on four occasions, the exercise of measurement is not carried out. It is submitted by Mr Sant that the representation is submitted to the office of City Survey Officer and it was duly accepted by the said office, duly signed by the officer concerned, namely, Nimtandar, Bhusawal.