Bhausaheb Ananda Sonwane v. The State Of Maharashtra Thr. District Collector Nashik And ANR
FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION Writ Petition (St.) No. 36847 of 2018 and Writ Petition (St.) No. 17805 of 2019 and Writ Petition (St.) No. 23315 of 2019 and Writ Petition (St.) No. 26357 of 2019 and Writ Petition (St.) No. 26591 of 2019 and Writ Petition (St.) No. 26622 of 2019 with Interim Application No. 2021 of 2020 in Writ Petition (St.) No. 26622 of 2019 and Writ Petition (St.) No. 27126 of 2019 and Writ Petition (St.) No. 27264 of 2019 and Writ Petition (St.) No. 27695 of 2019 and Writ Petition (St.) No. 31513 of 2019 and Writ Petition (St.) No. 564 of 2020 and Writ Petition (St.) No. 580 of 2020 and Writ Petition (St.) No. 2598 of 2020
and Writ Petition (St.) No. 4506 of 2020 and Writ Petition (St.) No. 4591 of 2020 and Writ Petition (St.) No. 4911 of 2020 and Writ Petition (St.) No. 5070 of 2020 and Writ Petition (St.) No. 5151 of 2020 and Writ Petition (St.) No. 5898 of 2020 and Writ Petition (St.) No. 98181 of 2020 and Writ Petition (St.) No. 25506 of 2021 and Writ Petition No. 3535 of 2022 Office Notes, Office Memoranda of Coram, Appearance, Court's orders or directions and Registrar's orders Court's or Judge's order Advocate Pradyumna Thakurdesai, i/by Advocate Devendranath S. Joshi, for Petitioner is present in Writ Petition (St.) No. 26357 of 2019.
Advocate Hitanshu Jain, i/by Advocate Chaitanya Nikte, for Petitioner is present in Writ Petition (St.) No. 4591 of 2020.
CORAM : H.M. BHOSALE REGISTRAR (JUDL.-I) Date : 24th February 2023
The abovementioned Writ Petitions are listed on the board of Registrar on second/third occasion. The Registrar vide earlier order has specifically directed the Petitioners/Learned Advocates to remove office objections without fail, otherwise appropriate orders would be passed. Office objections are not removed.
Here reference to Chapter XVII of the High Court Appellate Side Rules, 1960 may conveniently be made. Rule 3 of Chapter XVII deals with examination/scrutiny of the objections and manner of notifying office objections.
Sub-rule (ii) specifically provides that as soon as objections are ready, the office shall notify the matter, calling upon the party or the Advocate concerned to remove office objections within 14 days from the date of such notification. Sub-rule (iii) further provides that the Advocate or the Party concerned shall remove all the office objections within 14 days allowed under Sub-rule (ii), failing which the matter shall forthwith be placed before the Registrar, and the Registrar shall refuse registration.
Having considered the provisions under Rule 3 of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960, period of 14 days is prescribed for removal of office objections.
The abovenumbered Writ Petitions are filed between the period from the year 2018 to 2022. The period of more than three years has been lapsed. The office objections are not removed. The office objections are formal in nature like (i) photocopies annexed with the petition are not legible (ii) court fee is deficit (iii) synopsis is not as per practice note, etc. All these office objections can be removed within one week. However, for this miscellaneous purpose, the Writ Petitions are lying unnecessary from last more than three years. Adverse orders are not passed as due to pandemic, it was not possible to remove office objections. However, from the last one year, everything is normal and despite the same though the Petitions are listed on the board of Registrar, neither the Advocate nor the Petitioners
marked their presence or made efforts to remove office objections. In the circumstances, registration of all those petitions deserves to be refused. However, instead of passing adverse order outrightly, it would be just and proper to give one more opportunity subject to condition.
In turn, the learned Advocates and the Petitioners are directed to remove office objections within two weeks from today, without fail. On failure, registration of the abovenumbered Writ Petitions would stand refused automatically without further reference to the Court of Registrar.
Sd/- REGISTRAR (JUDL.-I)