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Bombay High CourtCAW/1582/2018allowed

Shri. Haribhau Dhondiba Khomane And ORS. v. The Collector, Pune And ORS.

2018-07-26Hon'Ble Mrs. Justice Mridula Bhatkar2 pages

508.CAW1582_2018.doc Vidya Amin

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1582 OF 2018 IN WRIT PETITION No. 11137 OF 2017 Haribhau Dhondiba Khomane & Ors.

... Applicants Vs.

The Collector, Pune & Ors.

... Respondents Mr. A.P. Kulkarni, Advocate for the applicants. Mr. J.A. Madane, AGP for the respondent nos. 1 and 2/State. CORAM: MRS.MRIDULA BHATKAR, J.

DATE: 26th July, 2018.

P.C.:

Upon mentioning, taken on production board.

2.

This Application is moved for restoration of Writ Petition, which was dismissed on 4th May, 2018 for non-prosecution. 3.

The learned counsel for the petitioners submitted that the Petition was dismissed before issuance of notice to the respondents, hence no service is made. He submitted that the order dated 4th May, 2018 be recalled. The learned counsel further submitted that Vidya Suresh Amin there is a delay of approximately one month, which may be condoned.

by Vidya Suresh Amin Date: 2018.07.27 11:16:31 +0530 1 / 2

508.CAW1582_2018.doc 4.

In view of this submission, the order dated 4th May, 2018 is hereby recalled. Delay is condoned. The Writ Petition is restored to its original file.

5.

Civil Application is allowed and is accordingly disposed of. 6.

Place the Writ Petition for admission on 25th September, 2018. (MRIDULA BHATKAR, J.) 2 / 2