RAMESH MAGANBHAI TALAJIA AND ORS v. THE STATE OF MAHARASHTRA THRU SECRETARY AND ORS
IA/4305/2026 · 2026-06-22
Shri Manish Pitale, Shri Shreeram Vinayak Shirsat
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1334 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1334 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
42-47-wp-5685-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 4305 OF 2026 IN WRIT PETITION NO. 5685 OF 2026 Ramesh Maganbhai Talajia And Ors .. Petitioners/Applicants V/S The State Of Maharashtra Thru Secretary And Ors .. Respondents ------------------- Mr. Anil Ahuja (VC) with Bhavna Khemani, for the applicants/petitioners. Mr. Rohit Sakhadeo, for respondent Nos. 4 and 5. Mr. P.P. Kakade, Addl. G.P. with A.R. Deolekar, AGP in IA/4305/2026. Ms. M.S. Bane, AGP, for State. -------------------- CORAM :
MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE :
22ND JUNE 2026. PC:
1. By this application, the applicants (petitioners) seek to amend the petition in the light of certain events that have taken place during the pendency of the petition. It is brought to the notice of this Court that during the pendency of the petition the award has been passed on 01/06/2026 and in this context the petitioners wish to add certain grounds of challenge and they also propose to add certain prayer clauses in the petition. varsha 1 of 3
42-47-wp-5685-2026.doc
2. Although the prayers made in the application are vehemently opposed by the respondents, we are inclined to allow the application in the light of the fact that certain events that occurred during the pendency of the petition are sought to be placed on record, and in that context the grounds of challenge and prayer clauses are proposed to be added. Allowing the amendment certainly does not mean that this Court has accepted the assertions sought to be made on behalf of the applicants/petitioners by way of the proposed amendment. 3. The respondents would certainly have an opportunity to respond to the same before this Court takes any view on the matter. 4. Urgency was projected on behalf of the petitioners on the ground that a temple existing on the property may face adverse action in the light of the fact that now the award has been passed on 01/06/2026. The apprehension is answered by a document already filed in the Writ Petition at Exhibit-K, wherein the objections raised on behalf of the petitioners were rejected. 5. In the said document it is specifically recorded as a stance of the land acquisition authority that the subject temple will not be demolished and on the other hand, the respondent-Municipal Corporation would take steps for its beautification.
This sufficiently addresses the apprehension expressed on behalf of the petitioners with regard to the said temple. 6. In view of the above, the application is allowed in terms of prayer clause (a). The petitioners are permitted to amend the petition as per the amendment proposed in paragraph 4 of the application. The amendment be carried out within one week from today. The amended papers shall be served immediately upon the respondents. varsha 2 of 3
42-47-wp-5685-2026.doc
7. The respondents shall file their reply affidavits to the amended writ petition within three weeks from the date of service of the amended writ petition. 8. Since reply affidavits in the original writ petition are already on record, and rejoinder has already been filed, no further time shall be granted to the respondents to file their additional reply affidavits to the amended writ petition. 9. List this petition for further consideration on 20th July 2026, 'High on Board'. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) varsha 3 of 3