Kalpana Sadashiv Misar v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATUR OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 15440 OF 2016 IN WRIT PETITION NO. 3215 OF 2000 KALPANA SADASHIV MISAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Advocate for Applicant : Shri Y.P. Deshmukh h/f. Shri A.D. Gadekar.

AGP for Respondent Nos. 1 & 3 : Shri B.A. Shinde. Advocate for Respondent No. 2 : Shri A.S. Deshpande. CORAM : RAVINDRA V. GHUGE & SUNIL K. KOTWAL, JJ.

Dated : 08th November, 2017 PER COURT :

1.

The Writ Petition was dismissed on 12/02/2015. This application has been filed on 16/06/2016, after delay of 461 days. Learned counsel prays for condonation of delay and further prays that the petition be restored to its original position as the petitioner is not in employment.

2.

Learned counsel for the non-applicant opposes the application.

3.

For the reasons set out in the application and since the petition involves a service dispute, this Civil Application is allowed. Delay of 461 days is condoned by imposing costs of Rs.1000/- only to be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad, in view of the consent of the learned advocate for the non-applicants.

4.

The order dated 12/02/2015, is recalled and Writ Petition No. 3215/2000, is restored to the stage at which it was dismissed.

5.

List Writ Petition No. 3215/2000 for final hearing on 01/12/2017.

( SUNIL K. KOTWAL, J. ) ( RAVINDRA V. GHUGE, J. ) S.P.C.