Ambaji Nagappa Khindiwale v. The State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:7882-DB (1) 18-ca-3689-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3689 OF 2024 IN WP/12870/2023 AMBAJI NAGAPPA KHINDIWALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Anand Vinayakrao Patil Indrale, Advocate for Applicant. Dr. Kalpalata B. Patil Bharaswadkar, AGP for Respondent Nos.1 to 3.

Mr. D. B. Rode, Advocate for Respondent Nos.4 and 5. ...

CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ.

DATED : 15th APRIL, 2024.

P.C.

1.

Issue notice of the application to the respondents. The learned A.G.P. waives notice for respondent nos.1 to 3. Mr. Rode, learned Advocate waives notice for respondent nos.4 and 5. 2.

There is delay of 9 days in filing the present petition. It stands condoned.

3.

It appears that there was an conditional order passed by this Court on 08.12.2023 in the main petition. There were office objections for removal of which time was granted and condition was imposed that if those office objections are not removed within stipulated period, the petition would stand dismissed. The petitioner could not remove the office objections and, therefore, conditional order became operational. Hence, present Civil Application.

(2) 18-ca-3689-2024.odt 4.

Now, the petitioner undertakes to remove the office objections and, therefore, the application stands allowed and disposed of in terms of prayer Clauses (B) and (C). The office objections to be removed within one week.

5.

It appears from the office objections that one of the objection is that the address of respondent no.2 is not mentioned. When the learned A.G.P. is waiving the notice of respondent no.2, that objection does not survive and, therefore, objection nos.1 and 2 be removed within aforesaid period.

(S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGE Devendra/April-2024