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Bombay High CourtCA/10263/2015admittedallowedgrantedrule absolute

Vyankat Nivrati Bhendekar v. The President, Shivpratap Gram Vikas Mandal And Others

2015-12-04Hon'Ble Shri Justice Ravindra V. Ghuge2 pages

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10263 OF 2015 WITH CIVIL APPLICATION NO.14359 OF 2015 (Vyankat Nivrati Bhendekar Vs. The President, Shivpratap Gram Vikas Mandal and others) IN WRIT PETITION NO.3669 OF 2013 Mr.S.P.Katneshwarkar, Advocate for the applicant. Mr.P.G.Borade, AGP for respondent No.2/State. ( CORAM : RAVINDRA V. GHUGE, J.) DATE : 04/12/2015 PER COURT :

1.

The applicant prays for recalling the order of the Registrar dated 05/09/2014 and prays for restoring the writ petition as against the unserved respondent No.4. Further prayer is made to issue notice on the new address of non applicant no.1, who is respondent No.1 in the writ petition.

2.

Civil Application No.14359/2015, seeking condonation of delay of 361 days in filing the civil application No.10263/2015 for recalling order dated 05/09/2014, is allowed and the delay is condoned subject to costs of Rs.500/- to be deposited with the Advocate Associations' Bar Library, High Court, Aurangabad within a khs/Dec.2015/10263-d

period of 1 (one) week from today.

3.

For the reasons set out in the application, same is allowed. Order dated 05/09/2014 is recalled. Petition is restored as against the unserved respondent No.1.

3.

Applicant shall correct the address of the first respondent in the writ petition forthwith.

4.

Issue notice before admission to the first respondent on the corrected address, returnable on 08/01/2016.

( RAVINDRA V. GHUGE, J.) khs/Dec.2015/10263-d