Mrs. Jasoda Purushottam Vanjara @ Yashoda And ORS. v. The Ld. Addl. Commissioner, Kokan Div. And ORS.

31. ia 3440.22.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by URMILA PRAMOD INGALE Date:

2022.07.22 17:37:42 +0530 URMILA PRAMOD INGALE INTERIM APPLICATION NO. 3440 OF 2022 IN WRIT PETITION ST. NO. 11916 OF 2018 (R.C. NO. 1538 OF 2019) 1a. Mrs. Jasoda Purshottam @ Vanjara Yashoda and ors.

.. Applicants Vs.

The Ld. Additional Commissioner Kokan Division, Mumbai and ors.

.. Respondents ------------ Mr. L.S. Shukla, for Applicants.

Mr. Tarang Jagtiani i/b Jhangiani, Narula & Associates, for Respondent No. 13.

Smt. M. S. Bane, AGP for State.

------------ CORAM : M. S. KARNIK, J.

DATE : JULY 22, 2022 P.C. :

1.

This is an application for setting aside the order passed by I/c Registrar (Judicial-I) on 28/03/2019 refusing to register the writ petition for non-removal of office objection.

2.

There is delay of 1 year and 269 days in filing the application. No specific grounds are mentioned seeking condonation of delay. However, based on the oral submissions made by learned counsel for the applicants and having regard to the averments made in the

31. ia 3440.22.doc application for the purpose of restoration, in my opinion, sufficient cause is made out to condone the delay. The applicants should not be deprived of contesting the writ petition on merits. Hence, delay is condoned. 3.

For the reasons mentioned in the application and considering that the applicants are Adivasis as stated by them in paragraph 6 of the application, subject to applicants removing all office objection within 4 weeks from today, application is allowed in terms of prayer clauses (a) & (b).

(M. S. KARNIK, J.)