Rajaram Sadba Kalse v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5459 OF 2014 (Rajaram Sadba Kalse Vs. The State of Maharashtra and others) IN WRIT PETITION NO.3485 OF 2006 Mr.S.H.Panchal h/f Mr.S.B.Ghatol Patil, Advocate for the petitioner. Mr.P.N.Kutti, AGP for respondent Nos. 1 to 5. ( CORAM : Ravindra V.Ghuge, J.) DATE : 05/10/2018 PER COURT :

1.

Learned AGP appears on behalf of respondent Nos. 1 to 5. No appearance is caused on behalf of respondent No.6. 2.

The writ petition was disposed of as the petitioner withdrew the same on 03/04/2014 by making a statement through his Advocate. It is contended that the learned Advocate was not given any instructions to withdraw the writ petition. In the absence of such instructions, he could not have withdrawn the petition. 3.

Though the contesting respondent Nos.6 and 7 have been served, who are father and son, no appearance has been entered. 4.

For the reasons set out in the application, the same is allowed. khs/OCT.2018/5459-d

The Order dated 03/04/2014 is recalled and WP No.3485/2006 is restored. Since the petition is admitted, issue notice of final hearing to the respondents, returnable on 30/11/2018. The learned AGP waives for respondent Nos. 1 to 5.

5.

On 30/11/2018, this Court would hear the petitioner on the request for continuation of interim relief.

( Ravindra V.Ghuge, J.) khs/OCT.2018/5459-d