← Library
Bombay High CourtCA/3373/2019disposed offdismissed for default

Karbhari Tukaram Sirsath And Another v. The State Of Maharashtra And Others

2019-03-29Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice Sunil K. Kotwal2 pages

3373.19ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLIATION NO.3373 OF 2019 IN REJECTED CASE NO.1514 OF 2018 IN WRIT PETITION (ST.) NO.17097 OF 2018 Karbhari Tukaram Sirsath, Age: 45 years, Occu: Agril. & ors.

..APPLICANTS

VERSUS

The State of Maharashtra, Through Secretary, Irrigation Department, Mantralaya, Mumbai-32 & ors.

..RESPONDENTS Mr N. J. Pahune Patil, Advocate for applicants; Ms R. P. Gour, A.G.P. for respondent Nos.1 to 3 CORAM : PRASANNA B. VARALE AND SUNIL K. KOTWAL, JJ.

DATE : 29th March, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the applicants/petitioners.

2.

By the present application, the applicants/petitioners pray for setting aside the order dated 26th November, 2018, passed by the Registrar (Judicial) of this Court. Learned Counsel for the applicants/petitioners, by inviting our attention to the contentions of the application submitted that due

3373.19ca (2) to certain bona fide difficulties, the office objections could not be removed within a stipulated period, resulting in dismissal of the writ petition on technical grounds. He then submitted that, if time is granted to the applicants/petitioners, those office objections would be removed as expeditiously as possible and the rider in the form of technical difficulty may not be faced by the petitioners against the merits of the petition. 3.

In view of the submissions of learned Counsel for the applicants and for the reasons stated in the application as well as the assurance given by the learned Counsel for the applicants/petitioners that the office objections would be removed as expeditiously as possible, the application is allowed in terms of prayer clause (C) and (D), subject to removal of office objections within a period of two weeks from today.

Civil Application is disposed of accordingly. (SUNIL K. KOTWAL, J.) (PRASANNA B. VARALE, J.) sjk