Rekha Amol Naik v. The State Of Maharashtra And Others

2024:BHC-AUG:7601-DB 935-CA-8271-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8271 OF 2023 IN PIL/110/2021 Rekha Amol Naik

VERSUS

The State Of Maharashtra And Others ...

Mr. K. D. Pote, Advocate for Applicant Mr. R. S. Wani, AGP for Respondents/State ...

CORAM

: RAVINDRA V. GHUGE & R. M. JOSHI, JJ DATE : APRIL 05, 2024 PER COURT :

1.

By this Application, the Applicant/Petitioner desires to bring the LR's of deceased Respondent No. 18 Shankar Yashwant Badadhe on record. Delay of 5014 days is caused in filing this Civil Application.

2.

Heard the learned Advocates for the respective sides.

3.

It is apparent from the record that in this PIL, after the Petitioner added certain parties, notices were issued. The bailiff report indicated for the first time that Respondent No. 18 has passed away. As such, laches cannot be attributed to the conduct of

935-CA-8271-2023.odt the Petitioner. Delay is well explained. The Civil Application is allowed. LR's of deceased Respondent No. 18 be brought on record, within 15 days.

ORDER BELOW PIL Issue notice to the LR's of deceased Respondent No. 18, in this PIL, returnable on 06th May, 2024. Humdast granted.

(R. M. JOSHI, J) (RAVINDRA V. GHUGE, J) Malani