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Bombay High CourtCAW/2670/2007allowed

Suresh Vishvanath Sangolkar And ANR. v. Additional Commissioner (Pune Division) And ORS.

2016-04-15Hon'Ble Shri Justice R.M. Savant.2 pages

(NOB)-CAW-2670-07-second.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2670 OF 2007 IN WRIT PETITION NO.454 OF 2006 ALONGWITH CIVIL APPLICATION NO.1706 OF 2008 Shri. Suresh Vishwanath Sangolkar and another .. Applicants

Versus

Additional Commissioner, Pune Division, Pune-1 and others .. Respondents Mr. S. K. Kumbhar, for the Applicants.

Mrs. M. S. Bane, "B" Panel Counsel for the Respondent Nos.1 to 4. CORAM : R.M. SAVANT, J.

DATE : 15th APRIL 2016 P.C.

1.

Not on board. Mentioned for clarification of the order dated 4th April 2016 passed in Civil Application No.1706 of 2008. 2.

The above Civil Application No.2670 of 2007 has been shown on board on 4th April 2016. The Learned Counsel appearing on behalf of the Applicants Mr. S. K. Kumbhar states that in fact the said order dated 4th April 2016 was to be passed in Civil Application No.2670 of 2007, but was wrongly passed in Civil Application No.1706 of 2008 which was already BGP.

(NOB)-CAW-2670-07-second.doc disposed of by order dated 1st August 2008 and the above Civil Application No.2670 of 2007 was restored to file. Therefore on 4th April 2016 what was required to be considered was Civil Application No.2670 of 2007 and not Civil Application No.1706 of 2008. The order dated 4th April 2016 is therefore recalled.

3.

The Civil Application No.2670 of 2007 is taken up for hearing today. The said Civil Application No.2670 of 2007 has been filed for restoration of the above Writ Petition which was dismissed for nonprosecution on account of the non-removal of office objections. Since the Petition is of the year 2006, the papers were not traceable and pursuant to the permission granted, the Learned Counsel for the Petitioner has reconstructed the papers. The Learned AGP submits to the orders of the Court. The Civil Application No.2670 of 2007 would accordingly stand allowed. Resultantly, the Writ Petition No.454 of 2006 is restored to file. The Learned Counsel for the Petitioner to remove office objections if any within two weeks from date if not already removed. List the Petition for admission on 4th May 2016.

[R.M. SAVANT, J] BGP.