The Commissioner Adivasi Vikas Nashik v. Vijay Ambarrao Patil And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION (ST.) NO.13118 OF 2021 IN WRIT PETITION NO. 2561 OF 2020 The Commissioner Adivasi Vikas Nashik ...Applicant In the matter between Vijay Ambarrao Patil & Ors.

... Petitioners

Versus

The Commissioner Adivasi Vikas Nashik

...Respondents

---------- Mr. Pratik Rahade for the Petitioners.

Smt. P.N. Diwan, AGP for State - Respondent Nos.1 to 3 in WP and Applicant in IA.

---------- CORAM :

R.D. DHANUKA & R.I. CHAGLA, JJ.

DATE : 12 July 2021 ORDER :

1.

By this Interim Application, the Applicant (Original Respondents) seek recall of the order passed by this Court on 23rd March, 2021 in so far as costs of Rs.5,000/- is awarded by this Court as a condition precedent for granting three weeks time to the Applicant to fle Affdavit in Reply. Learned AGP 1/3

states that, the delay was not deliberate and assures this Court that State will not ask for unnecessary adjournments before this Court in future. Statement is accepted. Hence the order dated 23rd March, 2021 passed by this Court is recalled. 2.

Interim Application is disposed of in the aforesaid terms.

3.

At this stage learned Counsel for the Petitioners states that though the Respondents - State has fled Affdavit in Reply, the same is not in compliance with the order dated 26th November, 2020. The State has not disclosed in the Affdavit in Reply the steps taken by the concerned department pursuant to the minutes of meeting and has not disclosed when these rules will be fnalized. Statement is accepted. 4.

The Respondents - State is directed to fle additional Affdavit in Reply in compliance with the order dated 26th November, 2020 within two weeks from today. It is made clear that no further extension of time would be granted. If additional Affdavit in Reply is not fled within two weeks, the 2/3

order dated 23rd March, 2021 passed by this Court will be restored.

5.

Place the matter on board on 9th August, 2021. [R.I. CHAGLA J.] [R.D. DHANUKA, J.] 3/3