Bombay High CourtCAO/103/2015admittedallwdgrantedrule absolute

Gautam Piraji Arakh And Another v. State Of Maharashtra, Through Secretary To Municipal Administration Dept. Mumbai And Others

2015-01-27Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar2 pages

271cao103,15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CAO NO. 103/2015 AND MCA ST. NO. 630 OF 2015 IN WRIT PETITION NO. 3733 OF 2000 (Gautam s/o Piraji Arakh & Anr. vs. State of Maharashtra thr. Secretary to Municipal Administration Department & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

JANUARY 27, 2015.

Heard Shri Kavimandan, Advocate holding for Shri Khapre, learned counsel for the applicants/ petitioners and Shri Khubalkar, learned AGP for respondent Nos. 1 & 2.

This Court has issued notice on 16.01.2015.

The learned AGP is opposing any intervention. However, during hearing we find that the applicants have filed CA No. 157 of 2015 seeking leave to withdraw the present writ petition itself. After hearing the learned counsel and perusal of application, it appears that dismissal escaped attention of the learned counsel. The petitioner cannot be blamed for it. In the circumstances, without going into the merits of the prayer for condonation of delay and as writ petition has been dismissed for want of prosecution, we condone the delay and MCA St. No. 630 of 2015 is directed to be registered.

After the MCA is registered, the order dated

271cao103,15 10.09.2014 in Writ Petition No. 3733 of 2000 shall stand recalled and MCA shall stand allowed.

WRIT PETITION NO. 3733/200 & CA NO. 157/2015 Heard the respective counsel.

Writ Petition was dismissed in default and the same has been restored today only by condoning delay. The applicants have sought leave to withdraw the petition.

The learned AGP has pointed out that the challenge was to the order dated 04.10.2000 passed by the Collector under Section 308 of the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965. As the petitioners want to withdraw the present petition, it is not necessary for this Court to go into the merits of the controversy. Writ Petition is disposed of as withdrawn.

Civil Application is also disposed of. No order as to costs.

JUDGE JUDGE *GS.