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Bombay High CourtCA/11345/2023disposed off

Anil Sahebrao Lavete v. The State Of Maharashtra And Others

2023-10-20Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Y. G. Khobragade2 pages

936-CA-11345-2023.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11345 OF 2023 IN CA/16492/2022 IN CA/9628/2022 IN WP/8217/2021 ANIL SAHEBRAO LAVETE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. T. M. Venjane, Advocate for Applicant Mr. V. M. Kagne, AGP for Respondent - State ....

CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE:20.10.2023.

PER COURT :- 1.

Delay of 61 days is caused in filing this Civil Application seeking restoration of two Civil Applications and also the Writ Petition.

2.

Issue notice to the Respondents. The learned AGP waives service of notice on behalf of all the Respondents. 3.

The learned AGP has strenuously opposed this Civil Application.

(( 2 )) 936-CA-11345-2023 4.

We find from the pleadings that the Writ Petition was dismissed on account of non removal of office objections. Both the Civil Applications were dismissed on account of technical defects. 5.

For the reasons set out in the Application, the same is allowed. The delay is condoned. Both the Civil Applications are restored subject to the necessary compliances and considering the reasons set out in both the Civil Applications, they are allowed. 6.

On the condition that all office objections shall be removed on or before 04.11.2023, the Writ Petition stands restored at the stage at which it was dismissed.

7.

If the office objections are not removed, this order shall stand recalled and both the Civil Applications as well as the Writ Petition shall continue to remain dismissed.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS