Bhagwandas Villabhadas Atal v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2023:BHC-NAG:13740 38 cao 1022.23.odt..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (C.A.O.) NO. 1022 OF 2023 IN MISC. CIVIL APPLICATION (ST) NO.8927OF 2023 IN FIRST APPEAL NO.

OF 2017 Bhagwandas Vallabhdas Atal .Vs.

The State of Maharashtra and Ors.

_______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri A.B. Nakshane, Advocate for the appellant. Ms T.H. Udeshi, AGP for respondent Nos. 1 and 2. CORAM :

G.A. SANAP, J.

DATE :

12/09/2023 Heard learned Advocate for the parties.

2.

This is an application for condonation of 74 days delay caused in filing application for restoration of the appeal.

3.

The reasons stated in the application are sufficient for granting the application. Therefore, the application is allowed. Delay of 74 days caused in filing application for restoration of the appeal is condoned subject to cost Rs.2,000/- (Rs. Two Thousand Only).

4.

The cost of Rs.2,000/- (Rs Two Thousand Only) be deposited in M/s the High Court Gazetted Officers Association, Nagpur within two weeks.

5.

If cost is not deposited within two weeks then application shall stand dismissed without reference to the

38 cao 1022.23.odt..odt Bench.

5.

The appeal be registered.

6.

The application stands disposed of, accordingly. MISC. CIVIL APPLICATION (ST) NO.8927 OF 2023 1.

Heard.

2.

This is an application for setting aside dismissal order and restoration of first appeal.

3.

The reasons have been stated in the application. 4.

In view of the reasons stated in the application, the application is allowed. The dismissal order dated 01/12/2022 is set aside.

5.

The appeal be restored to its original number. 6.

The application stands disposed of.

FIRST APPEAL NO.

OF 2017 7.

Heard.

8.

Issue notice to the respondents, returnable within eight weeks.

9.

Learned AGP waives service of notice on behalf of respondent Nos.1 and 2.

10.

Permission to file paper book within one week as sought for is granted.

(G. A. SANAP, J.) manisha