Bombay High CourtMCA/137/2016dispossed offdismiss for default

Vasant Jagdeo Donge(Thakur) v. State Of Maharashtra Through Secretary, Tribal Development Deptt.Mumbai And 2 Others

2016-01-25Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.S. Chandurkar2 pages

2501cao169.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION O. NO.169/2016 IN MISC. CIVIL APPLICATION ST. NO.849/2016 IN WRIT PETITION NO.2711/2003 (D) Vasant s/o Jagdeo Donge (Thakur) ...Versus...

State of Maharashtra, through Secretary, Tribal Development Department, Mantralaya, Mumbai and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S. Giradkar, Advocate for applicants Mrs. K.S. Joshi, AGP for respondent nos.1 and 2 CORAM : SMT. VASANTI A. NAIK AND A. S. CHANDURKAR, JJ.

DATE : 25.01.2016 It will not be necessary to issue notice to the respondent no.3 on the civil application as the respondent no.3 was not represented by the Counsel when the writ petition was dismissed for want of prosecution.

For the reasons stated in the application, the delay in filing the restoration application is condoned. The civil application is allowed and disposed of.

2501cao169.16.odt MISC. CIVIL APPLICATION ST. NO.849/2016 It will not be necessary to issue notice to the respondent no.3 on the civil application as the respondent no.3 was not represented by the Counsel when the writ petition was dismissed for want of prosecution.

For the reasons stated in the application, the writ petition is restored to file, subject to payment of costs of Rs.500/- (Rupees Five Hundred Only) in the High Court Bar Library, Nagpur within a period of one week.

The Misc. Civil Application is allowed in the aforesaid terms and disposed of.

If the writ petition is restored to file, issue notice to the respondent no.3 for hearing of the writ petition on merits. JUDGE JUDGE Wadkar