← Library
Bombay High CourtCAW/2646/2017allowed

The State Of Maharashtra Through Secretary v. Shri Padmakar Isanji Sukhadeve, Sub Divisional Engineer, Public Works Dept.

2018-02-07Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Smt. Justice V.K. Tahilramani2 pages

7. caw 2646.17.doc Urmila Ingale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2646 OF 2017 IN WRIT PETITION NO. 5591 OF 2016 Government of Maharashtra .. Applicant In the matter between State of Maharashtra .. Petitioner Vs.

Shri Padmakar Isamji Sukhadeve, Sub Divisional Engineer, Public Works Dept.

.. Respondent Mr. N.C. Walimbe, AGP for Applicant- State.

None for the Respondent.

CORAM : SMT. V.K.TAHILRAMANI ACTING C.J.

AND M.S.KARNIK, J.

07th FEBRUARY, 2018 P.C. :

1.

Heard learned Counsel for the applicant.

2.

In this application it is prayed that order dated 13/07/2017 be set aside and Writ Petition No. 5591 of 2016 be restored to file. The order dated 13/07/2017 is passed by the 1/2

7. caw 2646.17.doc Registrar ( Judicial - I) which reads as under : "Two weeks time i.e. 27.07.2017 is granted for supply of copy of petition. If copy is supplied within time, issue notice to sole Respondent, failing which W.P. shall stands dismissed against sole Respondent without reference to the Court."

3.

As the copy was not supplied within time, the petition was dismissed.

4.

In view of the averments made in the application and in the interest of justice, the said order is set aside and Writ Petition is restored to file. Time to remove office objection is extended by a period of 3 weeks from today.

5.

Civil Application is allowed in the above terms. (M.S.KARNIK, J.) (ACTING CHIEF JUSTICE) 2/2