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2021 Supreme(Bom) 387

AVINASH G.GHAROTE
Rahul Raju Kulsange – Appellant
Versus
Additional Collector, Office at Collector’s Office – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Karan Singh Ramesh Gour, Advocate
For the Respondent:Shri K.L. Dharmadhikari, Shri Virendra G. Dhage, Advocate

JUDGMENT :

1. Heard Shri Gour, learned Counsel for the petitioner, Shri Virendra Dhage, learned Counsel for the respondent no. 4 and Shri K.L. Dharmadhikari, learned Assistant Government Pleader for the respondent Nos.1 to 3. None appears for the other respondents, though served.

2. Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties.

3. According to Shri Gour, learned Counsel for the petitioner, the present petition raises a challenge to the order dated 28/8/2020, passed by the learned Additional Collector/ Respondent No.1 in Case No. 53/M.V.P. 14(1)(J-3)/2018-19, (Smt. Shashikala Dhyaneshwar Thakare Vs. Shri Nilesh Devaji Uike and others), whereby the application filed by the present petitioner for return of the appeal on the ground that there is mis-joinder of causes of action due to the joint allegations against the original respondent nos.1 to 8 that they were encroachers on Government land, thereby incurring disqualification, which is claimed to be required to be independently decided, has been rejected by the order dated 28/8/2020.

4. The petition also seeks a remand of the matter to the respondent no.1 for fresh adjudicati

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