Rohit Motilal Thakur v. The State Of Maharashtra And Others

2024:BHC-AUG:22885-DB 9014.24ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 9014 OF 2024 IN WP/6560/2019 ROHIT MOTILAL THAKUR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr S. C. Yeramwar, Advocate for Applicant;

Mr S. R. Wakale, A.G.P. for Respondent Nos.1 and 2 Mr Sachin Joshi, Advocate for Respondent No.3 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 20th September, 2024 PER COURT:

1.

The Writ Petition was dismissed for default, after issuance of notices and appearance of the parties. Delay of 146 days is caused in filing this Civil Application, seeking restoration of the Writ Petition.

2.

Heard the learned Advocates for the respective sides. 3.

The Respondents oppose this Civil Application on the ground that the delay is not properly explained. In the alternative,

9014.24ca (2) they submit that heavy costs may be imposed upon the Applicant/Petitioner.

4.

The learned Advocate for the Petitioner submits that the delay is of only 146 days. The Petitioner is an 'Assistant Teacher'. His claim has been invalidated and is likely to lose employment. He, therefore, desires to deposit Rs.500/- as donation to the Advocates' Association of Bombay High Court at Aurangabad.

5.

For the reasons stated in the application and in view of the above, this Civil application is allowed. Delay is condoned. All office objections in the Writ Petition shall be removed, on or before 04/10/2024. Thereafter, the Writ Petition would be restored at the stage, at which it was dismissed. (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk