Vilas Laxman Apte v. The State Of Maharashtra And ORS

caw-2736.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2736 OF 2014 IN WRIT PETITION NO.1838 OF 2014 Vilas Laxman Apte : Applicant/Petitioner.

Versus

The State of Maharashtra and ors.

: Respondents.

Mr. N. G. Helekar for the Applicant/Petitioner. Mrs. V S Nimbalkar, AGP, for the Respondent No.1 to 3. Mr. R S Kadam for the Respondent No.4 to 14 and 16 to 19. Mr.Rupesh Zade for the Respondent No.15.

CORAM :

R. M. SAVANT, J.

DATE :

28th April 2016 P.C.

The above Civil Application has been filed for restoration of the above Writ Petition in view of the fact that the Petitioner had withdrawn the Petition under the bonafide belief that a remedy by way of an Appeal against the order passed by the Lokadalat was available. However, the learned counsel appearing for the Applicant/Petitioner points out that under the Legal Services Authorities Act, no Appeal lies against the order passed by the Lokadalat. Hence the remedy by way of a Writ Petition is the only remedy available. The Applicant/Petitioner therefore seeks restoration of the above Writ Petition. The learned counsel appearing for the contesting Respondents i.e. Shri Rahul Kadam for the Respondent Nos.4 to 14 and 16 to 19, and Shri lgc

caw-2736.14 Rupesh Zade for the Respondent No.15 have no objection to the above Writ Petition being restored to file. However, they submit that the above Writ Petition has turned infructuous in view of the order dated 12/01/2015 passed in Writ Petition No.8609 of 2014. That aspect can be considered when the above Writ Petition will be taken up for hearing. In that view of the matter, the above Civil Application is allowed. Resultantly the above Writ Petition is restored to file. List the above Petition for admission after the ensuing Summer Vacation on 13/06/2016. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J] lgc