Bombay High CourtCA/13948/2017disposed offdismissed for default

Tanaji Kishan Kale And Others v. The State Of Maharashtra And Others

2017-11-21Hon'Ble Shri Justice T.V. Nalawade3 pages

1 CA 13948 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 13948 of 2017 In Review Application Stamp No.37655 of 2017 In Contempt Petition No.611 of 2016 In Writ Petition No.155 of 2016 Tanaji s/o Kishan Kale & Others. .. Applicants.

Versus

The State of Maharashtra And Others.

.. Respondents.

---- Shri. Balaji B. Yenge, Advocate, for applicants. Shri. S.J. Salgare, Assistant Government Pleader, for respondent Nos.1,2,3,5 and 6.

---- Coram: T.V. NALAWADE, J.

Date: 21 November 2017 ORDER:

1) The proceeding is filed after expiry of period of limitation fixed for filing review application. This Court has considered the circumstances and due to that this Court has formed opinion that there is no arguable case at

2 CA 13948 of 2017 all in the review application. Further the present applicants were not the party to the original proceeding and they are some persons who are saying that they are interested in the matter. Due to these circumstances this Court holds that no relief can be given to them in the present matter like review of the order made by this Court. So, the application for delay condonation stands disposed of as dismissed.

2) The review application is filed for review of the order made by this Court in Contempt Petition No. 611 of 2016 in Writ Petition No.155 of 2016 on 15-12-2016. This Court had observed that no procedure was followed to install the statue and as per the procedure which is required to be followed, the Collector needs to take appropriate steps and remove the statue as it was found to be installed on public place.

3) Today learned counsel for the review applicants who are some villagers submits that they are from backward class and they want to install the statue at other place. It is up to the Collector to take decision and that

3 CA 13948 of 2017 the applicants can apply to the Collector after removal of the statue from the present place. Liberty is given to the applicants to approach the Collector.

Sd/- (T.V. NALAWADE, J.) rsl