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Bombay High CourtCA/3324/2024disposed off

Suraj Shivaji Lokhande v. The State Of Maharashtra Through Its Secretary And Others

2024-04-01Hon'Ble Smt. Justice Vibha Kankanwadi,Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2024:BHC-AUG:6935-DB ca 3324.24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 3324 OF 2024 IN WP/13500/2023 WITH WRIT PETITION NO.13500 OF 2023 Suraj Shivaji Lokhande

VERSUS

The State Of Maharashtra Through Its Secretary And Others ...

Advocate for Applicant : Mr. Nitin K Chaudhari AGP for Respondents : Mr. S.J. Salgare ...

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

Dated : April 01, 2024 PER COURT :- 1.

Present application has been filed for restoration of the writ petition to it's original position and extend time to remove the office objections.

2.

The applicant is petitioner in writ petition no.13500 of 2023. Notices were issued to the respondents and, lateron, by a common order on 16.1.2024 office objections were directed to be removed within stipulated period. It was the conditional order stating that, if the objections are not removed within the stipulated period, Writ Petition would dismissed automatically without reference to the Court.

3.

Respondent nos.1 and 2 were represented by the learned AGP. Respondent nos.3 and 4 were served, however, they have not caused their appearance.

ca 3324.24.odt 4.

The applicant/petitioner failed to remove office objections within the stipulated period and, therefore, writ petition was treated as dismissed.

5.

The learned AGP waives notice in respect of present civil application for respondent nos.1 and 2. Since, respondent nos.3 and 4 have not caused their appearance in the writ petition, no necessity to issue notice to them once again as regards the civil application.

6.

Now, the petitioner is undertaking to remove office objections and, therefore, leniency is shown. The civil application stands allowed and disposed off. Writ Petition is restored. Time to remove office objections is extended by two

(2) weeks from today. After removal of the office objections within the said period, notice be issued to respondent nos.3 and 4 once again to be made returnable four (4) weeks thereafter. We reiterate that, in case of failure on the part of the petitioner once again to remove office objections within the aforesaid period, petition would stand dismissed automatically without further reference to the Court.

( S. G. CHAPALGAONKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) ...

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