1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 4709/2010. Radhabai Ashok Kandelkar -: VERSUS :- Dashrath Narayan Tarale Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : DECEMBER 14, 2010. Heard Smt. S.W. Deshpande, learned Counsel for petitioner, Shri Wathore, learned Counsel for respondent no.1 and learned A.G.P. for respondent no.2. During hearing, learned counsel for respondent no.1 has shown a photograph which shows house of petitioner / plaintiff in white color on left hand side and behind it a structure in bricks without any plaster and with tin roof. That structure at the back belongs to the respondent no.1/defendant. The defendant has constructed a compound wall which has got a gate also. That gate opens at some distance from a public road. The compound wall is also at some distance from that road and 2 between the compound wall of defendant and that road there is a wall and some structure [kuccha] constructed by the plaintiff. According to the defendant, that entire wall and structure is encroachment. The learned counsel for petitioner has on last occasion expressed readiness and willingness to join the Collector, Buldhana also as party respondent along with Gram Panchayat. Application to join Gram Panchayat only has been rejected by the trial Court by the impugned order on 09.03.2010. Shri Wathore, learned counsel states that case of petitioner / plaintiff is, said land belongs to State Government and hence Government was necessary party. He therefore, states that petitioner / plaintiff should be permitted to move fresh application before the trial Court, for this purpose that application can be allowed to be decided by that Court. Learned A.G.P. after considering the position, states that as land as claimed to be belonging to State Government and allegation is of encroachment, suit should be expedited. After hearing the respective counsel, I find that petitioner as also respondent no.1 are in possession of their 3 respective properties and suit is pending since the year 2007. Learned counsel for respondent no.1 is not in a position to state whether petitioner has obtained any temporary injunction. In this situation, interest of justice can be met with by permitting the petitioner/plaintiff to join Gram Panchayat as also State Government as party defendants. Necessary amendment be carried out by 10.01.2011. State Government and Gram Panchayat shall thereafter file their respective replies. Liberty to respondent no.1 to seek amendment to his reply/written statement [if any] after the stand of State Government and Gram Panchayat comes on record of Civil Suit. After the pleadings of parties are complete, trial Court shall attempt to decide the suit as early as possible and in any case within a period of one year from it. With these directions, Writ Petition is disposed of. No costs. JUDGE Rgd.