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Bombay High CourtCAO/343/2018admittedallwdgrantedrule absolute

Deepak Walmikrao Totde v. The Divisional Commissioner/R.D.M. And Another

2018-06-19Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice Z.A. Haq2 pages

cao343.18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION NO.343/2018 WITH MISC. CIVIL APPLICATION ST. NO.398/2018 (FOR RESTORATION) IN WRIT PETITION NO.2996/2002 (D) Deepak Walmikrao Totde ..vs.. The Divisional Commissioner, RDM, Nagpur Division and another.

_____________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. S. P. Kshirsagar, Advocate for petitioner. Mr. N. Patil, A.G.P. for respondent no.1.

CORAM : B. P. DHARMADHIKARI AND Z. A. HAQ, JJ.

DATED : JUNE 19, 2018 1.

Though the non applicants are served with the notice of the applications, reply is not filed. Consequently, explanation given by the applicant for delay in filing the Miscellaneous Civil Application is not controverted. 2.

In view of this and considering the nature of controversy in the petition, delay of 1086 days in filing the Miscellaneous Civil Application is condoned and order passed by this Court on 17.12.2014, dismissing the writ petition for want of prosecution, is recalled. Writ Petition is restored.

Civil Applications are allowed accordingly.

cao343.18.odt Writ Petition No.2996/2002 1.

Include the petition in the hearing Hearing Parties Board.

2.

Advocate for the petitioner shall send copy of this order to respondent no.2 by speed post acknowledgment due and file affidavit of compliance, within one week. JUDGE JUDGE kahale