Niyazzoddin Paroddin Pathan v. The Minister (Revenue) And ORS.

kvm 1/2 35-CAW3030.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3030 OF 2017 IN WRIT PETITION NO. 7564 OF 2015 Niyazzoddin Paroddin Pathan ..... Applicant

VERSUS

The Minister (Revenue) & Ors.

..... Respondents Mr.Sagar Joshi for the Applicant.

Mr.S.H.Kankal, A.G.P. for the State - Respondent nos. 1, 2 and 5. Mr.Sachin R. Padaye, i/b. Mr.G.R.Agrawal for the 4. CORAM :

R.D. DHANUKA, J.

DATE :

27th FEBRUARY, 2018 P.C.

By this civil application, the applicant seeks restoration of the writ petition which is dismissed for default by an order dated 23rd June, 2015. Learned counsel appearing for the contesting respondent raises objection for grant of the reliefs as prayed in civil application. However, no affidavit in reply is filed by any of the respondents. 2.

I have perused the averments made in the civil application. I am satisfied that the applicant has given sufficient reasons for grant of reliefs as prayed in the civil application.

3.

For the reasons recorded in the civil application, the order dated 23rd June,2015 passed by this court in Writ Petition No.7564 of 2015 is set aside. Writ Petition No.7564 of 2015 is restored to file. Ad-

kvm 2/2 35-CAW3030.17 interim relief which was granted in the writ petition on 7th August, 2015 is also restored to file.

4.

Civil application is disposed of in the aforesaid terms. No order as to costs.

5.

Place writ petition on board for admission on 16th April, 2018. [R.D. DHANUKA, J.]