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Bombay High CourtWP/4304/2005dismissedrule discharged

Amit Shantaram Sonawane And ORS v. The State Of Maharashtra And ORS

2017-08-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Mangesh S. Patil2 pages

1 wp 4304.05

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4304 OF 2005 Amit S/o Shantaram Sonawane Through GPA Rajesh Jagannath Jadhav .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri A. G. Talhar and Shri M. V. Brahme, Advocates for the Petitioner - absent.

Shri R. V. Dasalkar, A.G.P. for Respondent Nos. 1 to 5. CORAM : S. V. GANGAPURWALA AND MANGESH S. PATIL, JJ.

DATE : 10TH AUGUST, 2017.

PER COURT :

.

On June 21, 2017 this Court had passed following order. .

Learned counsel Shri. Bhamre submitted that he has given written notice to the petitioner on 26.4.2017, but the petitioner has not turned up and so, notice may be issued and his name may be deleted as the counsel of petitioner. This submission cannot be accepted. No record is produced in respect of sending notice through R.P.A.D. to petitioner.

Affidavit is already on record and the contents of the notice also show that the petitioner is not showing interest in prosecuting the matter and so, the matter cannot be kept pending and it is not desirable to issue notice to the petitioner as it will further prolong the matter.

2 wp 4304.05 2.

The matter will be dismissed on the next date, if petitioner does not turn up. Stand over to 5.7.2017.

2.

Today also when the matter is called out for final hearing, none appears for the petitioner.

3.

In view of that, writ petition is dismissed for non prosecution. Rule discharged. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] bsb/Aug. 17