(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. CIVIL APPLICATION NO. 6318 OF 2010 (In Writ Petition No. 6180 of 2008) M/s. Anil Engineering, 75/7, MIDC Area, Waluj, Aurangabad, through its Proprietor Shri Anil Deshpande, Age : 52 years, Occupation : Business, R/o. Aurangabad, Dist. Aurangabad. .. Applicant. versus 1. Chandrabhan s/o. Barku Hiwale, Age : 70 years, Occupation : Agriculture, R/o. Ranjangaon (Shenpunji), Taluka : Gangapur, District : Aurangabad, through its G.P.A., Gangaram s/o. Laxman Hiwale, Age : 39 years, Occupation : Agriculture, R/o. as above. 2. Appasaheb s/o. Chandrabhan Makhare, Age : 38 years, Occupation : Service, R/o. Ranjangaon (Shenpunji), Taluka : Gangapur, District : Aurangabad. (2) 3. Ramnath s/o. Asaram Kardile, Age : 57 years, Occupation : Agriculture, R/o. Ranjangaon (Shenpunji), Taluka : Gangapur, District : Aurangabad. 4. The State of Maharashtra, Department of Industries, Energy and Labour, Mantralaya, Mumbai. 5. The Divisional Commissioner, Aurangabad Division, Aurangabad. 6. Maharashtra Industrial Development Corporation, having its office at Andheri, Mumbai. Respondents (Nos.1 to 3 - 7. Maharashtra Industrial Development Original petitioners Corporation, Regional Office at & Aurangabad, through its Regional Nos.4 to 8 - Manager. Original respondents) 8. The Special Land Acquisition Officer, Aurangabad. ....................... Mr. S.R. Barlinge, Advocate, for the applicant. Mr. P.S. Dighe, Advocate, holding for Mr. R.L. Kute, Advocate, for respondent nos. 1 to 3. Mr. K.G. Patil, Assistant Government Pleader, for respondent nos. 4 and 8. (3) Mr. S.B. Bhosle, Advocate, for respondent nos.6 and 7. ........................ CORAM : B.R. GAVAI & A.A. SAYED, JJ. DATE : 13TH OCTOBER 2010 COURT'S ORDER (Per B.R. Gavai, J.) : 1. By way of present application, the applicant is seeking permission to intervene in the Writ Petition and for a direction to the respondents, to consider proposal of the applicant for regularization of his encroachment without being influenced by the pendency of Writ Petition No. 6180/2008. 2. The applicant has filed an undertaking on record, wherein he has stated that due to the order of status quo, passed in the Writ Petition, the Maharashtra Industrial Development Corporation (MIDC) is not in a position to consider the proposal of the applicant for allotting adjoining land for extension of his unit. He has also stated in the undertaking that, in the event, the petition is allowed. the applicant would not claim any equities, in case, his encroachment is regularized by MIDC. The undertaking is taken on record and marked as "X" for (4) identification. 3. Mr. P.S. Dighe, learned Counsel appearing for the writ petitioners, on instructions of his client, submits that in view of the undertaking filed by the applicant, the writ petitioners have no objection for allowing the application. 4. In that view of the matter, we are inclined to allow the application. 5. In the result, the Civil Application is allowed. (i) The applicant is permitted to be added as respondent / intervenor in Writ Petition No. 6180/2008. (ii) The respondent nos. 6 and 7 herein / MIDC are directed to consider proposal of the applicant for regularization of his encroachment without being influenced by the pendency of Writ Petition No. 6180/2008. ( A.A. SAYED ) ( B.R. GAVAI ) JUDGE JUDGE ......................... bgp/ca6318