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Bombay High CourtCAO/397/2025allowed

Pravin S/O Namdeo Tikhat And Others v. Deputy Collector (Rehabilitation) Chandrapur And Others

2025-08-07Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

1 ca 397.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CAO No.397/2025 in MCA St. No.6705/2025 in Writ Petition St No.19066/2023 (D) Pravin and others V Deputy Collector (Rehabilitation), Chandrapur and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- Ms. Alka Agrawal, Advocate h/f Mr. A.R. Fule, Advocate for petitioners. Mr. D.A. Mohgaonkar, Advocate for respondent no.2. CORAM : PRAFULLA S. KHUBALKAR , J.

DATE : 07-08-2025.

Heard Ms Alka Agrawal, learned Advocate for the applicants.

2.

This is an application for condonation of delay in filing restoration application.Learned Counsel for the applicants submits that the registration of the writ petition stood refused by order dated 01-04-2024 for non removal of office objections and thereafter application for restoration is submitted, however, there is a delay of 332 days in filing the application. It is submitted that the delay is unintentional and the petitioners are interested to prosecute the petition on merits.

3.

Mr. Mohgaonkar, learned Advocate appearing for respondent no.2 opposes the application.

4.

Considering the contents of the application and submissions advanced, the delay of 332 days in filing the restoration application is condoned, subject to costs of Rs.3500/- to

2 ca 397.25.odt be deposited with the High Court Bar Association Library, Bench at Nagpur within one week from today.

5.

Civil Application is allowed.

Misc. Civil Application St. Stamp No.6705/2025 Heard.

2.

This is an application for restoration of petition. Learned Counsel for the applicants submits that the petitioners want to contest the petition on merits and the registration of the petition was refused for non removal of office objections. The applicants are now ready to remove the office objections so that the petition can be contested on merits.

3.

Mr. Mohgaonkar, learned Advocate appearing for respondent no.2 opposes the application.

4.

Considering the contents of the application and submissions advanced, Civil Application is allowed. 5.

Petitioners are directed to remove the office objections, if any, within two weeks.

(Prafulla S. Khubalkar , J.

) Deshmukh