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Bombay High CourtWP/2818/2020disposed offdismissed for default

Sarju Gurunamal Goklani v. The State Of Maharashtra Through Its Principal Secretary

2020-03-03Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 154 WRIT PETITION NO.2818 OF 2020 SARJU GURUNAMAL GOKLANI

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS PRINCIPAL SECRETARY ...

Advocate for Petitioner : Mr Rane Girish S.

AGP for Respondents State: Mrs R P Gour

CORAM

: S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATE :

3rd March, 2020 ORDER:

1.

Under order dated 18th February, 2020, we had called explanation from Respondent No.3 about the anomaly appearing in the order. The order is dated 18.01.2020. The order states that the say fled by the petitioner is considered. The petitioner fled say on 21th January, 2020 i.e. after the order is passed.

2.

Affidavit is fled by respondent No.3 explaining that on 16hath January, 2020, the petitioner had placed on record some documents along-with adjournment application. He considered the documents placed on record as say and passed the order.

3.

It appears that the petitioner had fled say on 21st January, 2020. Without entering into the controversy, cause of justice would be sub-served if opportunity is given for consideration of the say fled by the petitioner. 4.

In light of that the impugned order is quashed and set aside. Respondent No.3 shall reconsider the matter. He shall consider the say fled by the petitioner on 21.01.2020.

5.

The petitioner, if so chooses, my place on record additional documents on which he seeks to rely before respondent No.3 on 18.03.2020.

6.

Respondent No.3, upon consideration of the say and the documents fled by the petitioner, shall take decision afresh. 7.

Writ petition accordingly disposed of. No costs. (SHRIKANT D. KULKARNI, J.) (S.V.GANGAPURWALA, J.) JPC