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Bombay High CourtCA/3132/2023disposed off

Tayar Abdul Patel And Others v. The State Of Maharashtra Through The Secretary And Others

2024-06-13Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:10988

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 CIVIL APPLICATION NO.3132 OF 2023 IN WP/10109/2016 TAYAR ABDUL PATEL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. B.R. Waramaa, Advocate for applicants Mr. A.S. Shinde, AGP for respondent Nos.1 to 4 Mr. G.A. Nagori, Advocate for respondent No.5 ...

CORAM :

S.G. CHAPALGAONKAR, J.

DATE :

13th JUNE, 2024 ORDER :

This Court after considering rival submissions in the Civil Application, passed detailed order dated 29.11.2023 granting stay to the operation of order dated 31.01.2023 passed by District Supply Officer, who was further directed to file his personal affidavit explaining the circumstances leading to the order dated 31.01.2023. In deference to said order, an affidavit is filed explaining circumstances leading to such order. It appears that because of lack of knowledge as regards to the procedural aspects and inadvertence order dated 31.01.2023 has been passed de-horse interim

908_WP_3132_2023 orders passed by this Court.

The mistake appears to be bona fide as explained. Therefore, the explanation tendered is accepted. So far as second prayer in the application is concerned, it is submitted that the applicants may be permitted to produce the documents pertaining to subsequent events in the form of amendments to the writ petition in paragraph No.6-A, 6-B, 7-IX, 7-X, 12-AA and 12-BB. Considering the submissions advanced there is no impediment in granting permission to amend above referred paragraphs and file on record supporting documents. Consequently, the civil application stands allowed and disposed in terms of prayer clause 'B' and 'C'. ( S.G. CHAPALGAONKAR ) JUDGE agd