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Bombay High CourtWP/11604/2018disposed offdismissed for default

Balasaheb Pandhari Patil v. The State Of Maharashtra And Others

2018-12-18Hon'Ble Shri Justice Nitin Jamdar2 pages

dyb 1 WP11604-18dt 18-12-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11604 OF 2018 Balasaheb s/o Pandhari Patil ...

Petitioner

Versus

The State of Maharashtra & others ...

Respondents Mr.G.L.Deshpande, Advocate for the petitioner. Mr.S.B.Pulkundwar, AGP for all respondents.

Coram : N.M. Jamdar, J.

Date : 18 December 2018.

Oral Order :

1.

Heard learned counsel for the parties.

2.

On 27 November 2018, the following order was passed : "1 Heard the learned Counsel for the petitioner. The learned Counsel submitted that by order dated 22 August 2016 restoration of the revision application was granted, however, without noticing the same, the impugned order is passed. Certified

dyb 2 WP11604-18dt 18-12-2018 copy of the order dated 22 August 2016 is placed on record.

The learned Asstt. Govt. Pleader seeks time to examine the record. At his request stand over to 18 December 2018.

3.

The learned Assistant Government Pleader, on instructions, states that it is correct that restoration of the Revision Application was granted and it appears that due to oversight the impugned order is passed. In the circumstances, the impugned order dated 20 January 2018 will have to be quashed and set aside and the Revision Application will have to be restored. 4.

Accordingly, the impugned order dated 20 January 2018 is quashed and set aside. As already directed in the order dated 22 August 2016, Revision Application is restored. The concerned authority will decide the Revision Application on its own merits preferably within a period of eight weeks.

5.

Writ Petition is disposed of.

N.M.Jamdar, J.