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Bombay High CourtCA/8851/2021disposed off

Dnyandeo Namdeo Karjule v. The State Of Maharashtra And Others

2021-11-16Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Mehare2 pages

8851.21ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.8851 OF 2021 IN/WITH WP/6013/2020 DNYANDEO NAMDEO KARJULE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr K. D. Mote, Advocate for applicant;

Mr S. G. Sangle, A.G.P. for respondent Nos.1 to 5 CORAM : RAVINDRA V. GHUGE AND S. G. MEHARE, JJ.

DATE : 16th November, 2021 PER COURT:

1.

Leave to correct prayer clause (B). Correction be carried out forthwith.

2.

By this application, the petitioner prays for recalling of the order dated 15/07/2021. As the petitioner was not supplying spare copies for issuing notice to respondent Nos.6 and 7, we had passed the order on 15/07/2021 giving one more opportunity to the petitioner. As the copies were not supplied, the petition stood dismissed to the extent of respondent Nos.6 and 7.

8851.21ca (2) 3.

The learned Advocate for the petitioner submits that the petitioner is a poor agriculturist and is willing to pay costs of Rs.500/-.

4.

The learned A.G.P. submits that an appropriate order may be passed.

5.

In view of the above and since a mistake on the part of the learned Advocate should not jeopardize the rights of the petitioner/litigant, this civil application is allowed. 6.

Since the statement is made that spare copies have been supplied, we are recalling our order dated 15/07/2021 and restoring the writ petition to the extent of the unserved respondents. We are not imposing costs in view of the petitioner being an agriculturist and about 77 years of age. 7.

In view of the above, office to issue notice to the unserved respondents in the writ petition, returnable on 13/12/2021. (S. G. MEHARE, J.) (RAVINDRA V. GHUGE, J.) sjk