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Bombay High CourtCA/15341/2017admittedallowedgrantedrule absolute

Yogita Anantrao Shatri v. The State Of Maharashtra And Another

2017-12-20Hon'Ble Shri Justice Sangitrao S. Patil,Hon'Ble Shri Justice T.V. Nalawade2 pages

1 CA 15341 of 2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD Civil Application No. 15341 of 2017 In Writ Petition No.9136 of 2016 Yogita d/o Anantrao Shastri.

.. Applicant.

Versus

The State of Maharashtra And Another.

.. Respondents.

---- Shri. Vijay A. Dhakne, Advocate, for applicant. Shri. V.S. Badakh, Assistant Government Pleader, for respondent No.1.

Shri. S.B. Pulkundwar, Advocate, for respondent No.2. ---- Coram: T.V. NALAWADE & SANGITRAO S. PATIL, JJ.

Date: 20 December 2017 ORDER:

1) The application is filed for recalling or modifying the order made against the present applicant directing her to pay cost of Rs.15,000/- to the Zilla Parishad.

2 CA 15341 of 2017 2) Notice is given to the other side counsel and both the sides are heard.

3) This Court had directed the petitioner in the writ petition to pay the cost as the petitioner had not joined immediately the new posting as per the general transfers. It was submitted in C.A. No.15341/2017 that this petitioner did join the new posting immediately as per the order made against her and so the order of cost made against her needs to be recalled. The learned counsel for the Zilla Parishad admits that she had joined. It can be said that due to oversight the order of cost was made against her. In view of the reasoning due to which the cost was imposed the order of cost made against the applicant Yogita Shastri is recalled and there is no need for her to pay the cost. The Civil Application No.15341 of 2017 is allowed and disposed.

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