Chandrashekhar Pandurang Awade v. State Of Mah. Thru. Secretary, Ministry Of Rural Development And Welfare Conservation Dept. Mumbai

mca772.23.spk.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO.772 OF 2023 IN WRIT PETITION NO.2472 OF 2008 (D) (Chandrashekhar Pandurang Awade Vs. State of Maharashtra thr. its Secretary, Ministry of Rural Development & Water Conservation Department, Mumbai and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. P. Kinkar, Advocate h/f Mr. D. R. Khapre, Advocate for Petitioner. CORAM: SMT.

M. S. JAWALKAR AND RAJ D. WAKODE, JJ.

DATE: 17 th SEPTEMBER, 2025.

1.

The present application has been filed by the petitioner for restoration of Writ Petition No.2472/2008. The aforesaid writ petition was listed before this Court on 04.03.2022 wherein the aforesaid writ petition was dismissed for non-prosecution as none appeared for the petitioner.

2.

The Counsel for the petitioner submits that in para 3 of the application, they have given the reasons for non appearance as the aforesaid matter could not be marked and hence the Counsel could not appear. 3.

For the reasons stated in the application the aforesaid Misc. Civil Application No.772/2022 is allowed. However, it is pertinent to note that the aforesaid writ petition was dismissed for non-prosecution on 04.03.2022, the present Misc. Civil Application was filed on 15.03.2022,

mca772.23.spk.odt and it is almost after the period of three and half years that the present Misc. Civil Application is listed before this Court and that too listed by the Registry and not circulated by the Counsel.

4.

In view of the above, though the aforesaid Misc. Civil Application is allowed, the Writ Petition is restored in the interest of justice, as it appears from the record that the Counsel was not diligent in prosecuting the matter. The aforesaid Misc. Civil Application is allowed subject to payment of costs of Rs.3500/- be deposited in the office of Order is corrected as per Court's Order dtd. 24.09.2025 The High Court Gazetted Officers Association, Nagpur Bench Nagpur.

5.

Once the present writ petition is restored to the file of this Court, issue notice for final hearing to the respondents, returnable on 03.10.2025.

6.

Mrs. S. S. Jachak, the learned Additional Government Pleader waives service of notice for respondent No.1/State.

(RAJ D. WAKODE, J.) (SMT. M. S. JAWALKAR, J.) NSN