Maulasaheb Maheboobsahab Pathan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5752 OF 2016 IN WRIT PETITION NO.5342 OF 2013 WITH CIVIL APPLICATION NO.5753 OF 2016 IN WRIT PETITION NO.5256 OF 2013 Mr.N.K.Kakade, Advocate for the applicant.

Mr.S.V.Kuptekar h/f Mr.V.D.Salunke, Advocate for respondent Nos. 3 and 4 and for respondent Nos.6 and 7 in WP No.5753/2016. Mr.A.P.Basarkar, AGP for State.

( CORAM : RAVINDRA V. GHUGE, J.) DATE : 29/04/2016 PER COURT :

1.

The applicant, by these applications, prays for condonation of 80 days delay in filing these civil applications and further prays that the order dated 16/12/2015 passed by this Court be recalled by which the petitions have been dismissed for non-removal of office objections.

2.

Learned Advocate for the non-applicant/original respondent Nos. 3 and 4 in the first application and for respondent Nos. 6 and 7 in the second application, opposes these applications on the ground that the reasons cited are not satisfactory. In the alternative, it is submitted that heavy costs be imposed upon the applicant and the khs/April 2016/5752-d

said costs be donated to the Advocate Associations' Bar Library, High Court, Aurangabad.

3.

In the light of the above and for the reasons set out in the applications, the same are allowed. Delay of 80 days is condoned subject to costs of Rs.1,000/- in each of the application, which the applicant shall deposit with the Advocate Associations' Bar Library, High Court, Aurangabad within 6 (six) weeks. The order dated 16/12/2015 is, therefore, recalled. The applicant shall remove all office objections within a period of 6 (six) weeks considering the approaching vacation.

4.

Needless to state, if any of the above directions are not complied with, this order shall stand recalled and the civil applications shall then stand dismissed with the restoration of the order of this Court dated 16/12/2015.

( RAVINDRA V. GHUGE, J.) khs/April 2016/5752-d