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Bombay High CourtWP/9742/2018disposed offdismissed for default

Vasant Shaikshanik Sanstha Aurangabad Through Its Secretary Shaikh Hakkani Md Hussain v. The State Of Maharashtra And Others

2018-08-29Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 915 WRIT PETITION NO. 9742 OF 2018 VASANT SHAIKSHANIK SANSTHA AURANGABAD

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Petitioner (in person) : Shri Shaikh H.M.

AGP for Respondent 1 : Shri Patil K.S.

...

CORAM : RAVINDRA V. GHUGE, J.

Dated: August 29, 2018 ...

PER COURT :- 1.

The petitioner, in person, representing the educational society has raised an issue with regard to an ambiguity in the order of the learned Additional Divisional Commissioner, Aurangabad, dated 21.3.2018. His Revision Application was allowed by the impugned order and the orders of the lower authority, condoning delay of 47 years and 6 months have been quashed and set aside and the file has been closed. However, in the last sentence in paragraph No.3 on page No.2 of the impugned order, it is observed that 'the issue needs to be considered on it's merits by the Sub Divisional Officer.' 2.

Learned AGP appearing on behalf of respondent No.1 / State, submits on perusing the impugned order that the said sentence, noted above, is not in tune with the order passed by the Additional Divisional Commissioner, Aurangabad. The petitioner can approach the said authority for seeking a clarification.

akl/d

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 2 - WRIT PETITION NO. 9742 OF 2018 3.

In the light of the above, the party in person seeks leave to withdraw this petition and file an application before respondent No.1 for seeking a clarification.

4.

As such, this petition is disposed off as withdrawn with liberty as prayed for. Needless to state, respondent No.1 may hear all the litigating sides while considering the application of the party in person, expeditiously.

( RAVINDRA V. GHUGE, J. ) ...

Digitally signed by Ajay Kishanrao Losarwar Date:

2018.08.30 14:34:51 +0530 Ajay Kishanrao Losarwar akl/d