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Bombay High CourtWP/7044/2015disposed off

Chandrakant Ananda Wankhede And Others v. State Of Maharashtra And Others

2022-03-31Hon'Ble Shri Justice Prithviraj K. Chavan2 pages

( 1 ) 923WP7044.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7044 OF 2015 CHANDRAKANT ANANDA WANKHEDE AND OTHERS

VERSUS

STATE OF MAHARASHTRA AND OTHERS Advocate for Petitioners : Mr. Y.H. Jadhav h/f. Mr. G.A. Nagori AGP for Respondent Nos. 1 to 3 : Mr. P.G. Borade Advocate for Respondent Nos. 4 to 7 & 9 : Mr. R.S. Pawar h/f. Mr. N.E. Deshmukh CORAM : PRITHVIRAJ K. CHAVAN, J.

DATED : 31.03.2022 PER COURT :

1.

There is a self operative order passed by this Court on 15.04.2016, inter alia, directing the petitioner to take steps qua respondent No. 8 as the notice returned unserved because the respondent No. 8 was reported to be dead. The order itself makes it clear that if steps are not taken, the matter would stand dismissed without further reference to the Court.

2.

It appears that the Registry has misinterpreted an order dated 15.04.2016 by indicating in the remarks column of the board that "steps are not taken for deceased respondent No. 8." Registry is directed to take note of the same.

( 2 ) 923WP7044.15 3.

The petition is pending since 2015. It appears that the petitioner is not interested in prosecuting the petition further. 4.

If no further steps are taken, the petition shall stand dismissed automatically, without further reference to the Court. 5.

List the petition in the week commencing from 04.06.2022. [ PRITHVIRAJ K. CHAVAN, J. ] SPC