Mr. Aziz Amir Ali Shairkhan v. State Of Maharashtra Through Secretary Revenue And Forest Dept. And ORS.

2023:BHC-AS:29475-DB 1/2 4-ia-1537-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.8 OF 2023 IN WRIT PETITION NO.3564 OF 2016 WITH INTERIM APPLICATION NO.1537 OF 2023 IN WRIT PETITION NO.3564 OF 2016 Mr. Aziz Amir Ali Shaerkhan ...Applicant

Versus

State of Maharashtra & Ors.

...Respondents

Mr. Vasudeo A. Gangal, for Applicant.

Mr. S. H. Kankal, AGP, for Respondents-State.

CORAM:

K. R. SHRIRAM & NEELA GOKHALE, JJ.

DATED:

5th October 2023 PC:- Interim Application No. 8 of 2023:

1.

Though the Application is not listed on board, it is taken on board by consent.

2.

Considered the Application. For the reasons mentioned in the Application, the order of dismissal for want of prosecution passed on 7th December 2018 is recalled. Petition restored to file. 3.

Interim Application No.8 of 2023 is disposed. Interim Application No. 1537 of 2023:

4.

Mr. Gangal states that pleadings are completed and Petition Gaikwad RD

2/2 4-ia-1537-2023.doc itself was admitted before the order was passed dismissing the Petition for non-prosecution.

5.

Mr. Kankal, AGP states that since the Petition was dismissed in 2018, the Government Pleader's Office does not have any record. Mr. Gangal states he will provide a full set of Petition, reply, rejoinder, documents, if any, and also copies of the orders passed to the office of Government Pleader within two weeks from today. 6.

Petition be listed for final hearing on 3rd November 2023. 7.

In view of the above, Interim Application No.1537 of 2023 stands disposed.

(NEELA GOKHALE, J.) (K. R. SHRIRAM, J.) Gaikwad RD