(1) WP. 1958.2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 1958 OF 2010 Chandrakant Shriram Sharma .. Petitioner VERSUS The Collector Jalgaon, Dist. Jalgaon .. Respondent Mr. S.V. Suryawanshi, Advocate for the Petitioner ... CORAM : V.R. KINGAONKAR, J. DATED : 21ST JUNE, 2010 ORAL ORDER:- 1] Heard learned counsel. The petitioner is original plaintiff who has filed suit for injunction against the Deputy Collector on the ground that he has been served with notice as to why his open plot be not attached and credited to the Government account. The notice was given for the reason that the commercial chargers were not paid by the petitioner. According to the petitioner, he made construction on the plot as per the permission accorded by the Chief Officer of the Municipal Council and therefore, the Municipal Council is necessary party to the suit. He applied under Order 1 Rule 10 of the Code of Civil Procedure for joining the Municipal Council as necessary party. The application came to be rejected. (2) WP. 1958.2010 2] Simple question involved in the suit is whether the plot on which the construction has been made by the petitioner is part and parcel of the land which was granted N.A. permission or that without N.A. permission such plot was effected. For deciding such a question, presence of Municipal Council is not necessary. Trial Court found that the Municipal Council is not a necessary or proper party because the suit can be finally and effectively adjudicated without presence of such party. In this view of the matter, rejection of the Application is quite justified and proper. No substance. Petition is dismissed in limine. Sd/- [V.R. KINGAONKAR, J.] arp