Shri. Digambar Shahaji Jadhav And ANR v. The Sarpanch, Agar, Shirol And ANR

skn 1/2 1908.16-caw.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1908 OF 2016 IN WRIT PETITION (ST.) NO. 16997 OF 2013 Shri Digmbar Shahaji Jadhav and another.

...

Applicants.

V/s.

The Sarpanch, Village Agar and others.

...

Respondents.

P.M.Arjunwadkar for the applicants.

None for the respondents.

CORAM :

D.H.WAGHELA, C.J.

DATE :

29th July 2016.

P.C. :

The application is made for restoration of the original petition being Writ Petition (St.) No.16997/2013 which stood dismissed pursuant to the order dated 23rd March 2016 of the learned Registrar (Judicial-I), even as the office objections were not removed within a period of four weeks granted to the petitioner. The only ground mentioned in the application is that the office objections were left to be removed inadvertently. Learned counsel for the applicant, however, submitted that the main petition is required to be heard and disposed on merits and in the interest of

skn 2/2 1908.16-caw.sxw justice and in fairness he would pay to the Maharashtra State Legal Services Authority a sum of Rs.3,000/- by way of costs in the present application.

2.

Accordingly, the application is allowed. The delay is condoned and the original petition being Writ Petition (St.) No.16997/2013 is ordered to be restored to the file for removing all office objections within a period of one month from today on a condition that in the meantime learned counsel shall pay to the Maharashtra State Legal Services Authority a sum of Rs.3,000/- by way of costs. Upon production of proof of payment of costs and removal of office objections as aforesaid, the original petition shall stand restored and in case of failure to do either, this order shall not operate and the petition shall stand dismissed in terms of the original order dated 23rd March 2016.

CHIEF JUSTICE