Vishwajeet Rupsing Jadhav v. The State Of Maharashtra Through Secretary And Others
1 907.CA.8712.25.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.8712 OF 2025 IN WP/5406/2025 VISHWAJEET RUPSING JADHAV
VERSUS
THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...
Advocate for Applicant : Mr. Amol Karbhari Gawali AGP for Respondents: Mr. V.M. Kagne ...
CORAM
: MANISH PITALE & Y. G. KHOBRAGADE, JJ.
DATE : 04.09.2025 PER COURT:
1.
This application is listed in the 'Await Notice' category as office note states that notices issued to respondent Nos.3 to 6 are awaited. It is also recorded that an affidavit of service is placed on record on behalf of applicant/petitioner, which shows that except respondent No.6 all other respondents have been served by way of private service. 2.
As regards respondent No.6, the learned counsel for the petitioner, on instructions, makes a statement that the said respondent can be deleted from the civil application as well as the writ petition at the risk of the petitioner. It is further submitted that certain allegations of mala fide made against the respondent No.6 shall also be deleted from the writ petition. 3.
In that light, it is submitted that the service being complete on all the other respondents, this Court may consider restoring the writ petition so that
2 907.CA.8712.25.odt it can be taken up for consideration on merits. 4.
We find that the petition was dismissed by operation of order dated 12.06.2025, whereby, time of one week was granted to supply spare copies and upon failure to do so the petition was directed to be dismissed without further reference to the Court. Since the applicant/ petitioner failed to supply the copies, the order resulted in dismissal of the petition. 5.
Considering the submissions made on behalf of the petitioner as recorded herein above and for the reasons stated in the application, the same is allowed, subject to the applicant/petitioner deleting the respondent No.6 from the civil application as well as the writ petition within one week from today. The allegations of mala fide made against respondent No.6 in the body of the writ petition shall also be deleted within one week from today. 6.
Upon the said directions being complied with, the writ petition shall stand restored and it shall be listed for consideration after two weeks. (Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/