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Bombay High CourtCA/9679/2013admittedallowedgrantedrule absolute

Bhagirathi Surajprasad Jaiswal And ANR v. The State Of Mah

2017-09-22Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

C.A. No.9679/2013

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO.9679 OF 2013 IN CIVIL APPLICATION ST. NO.1099 OF 2012 IN WRIT PETITION NO.818 OF 2010 Bhagirathi w/o Surajprasad Jaiswal and another ...

APPLICANTS

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri S.N. Morampalle, A.G.P. for respondent/ State .....

CORAM:

R.D. DHANUKA AND SUNIL K. KOTWAL, JJ.

DATED:

22nd September, 2017.

ORAL ORDER:

.

None appears for the applicants when the matter was called out. We have, however, perused the averments made in the Civil Application. The applicants seek restoration of the Writ Petition which is dismissed in view of non compliance of the conditional order passed by learned Registrar (Judicial) on 21/6/2010 i.e. for non payment of bhatta charges within time prescribed.

C.A. No.9679/2013 2.

In our view, the applicants have made out a case for restoration of the Writ Petition. We, therefore, pass the following order :

O R D E R

3.

Civil Application is made absolute in terms of prayer clause (B). Writ Petition No.818/2010 is restored to file along with interim order, if any. No order as to costs. (SUNIL K. KOTWAL) (R.D. DHANUKA) JUDGE JUDGE fmp/