Shankar Prabhakar Mehange And Others v. The Divisional Commissioner, Amravati Division, Amravati And Another

1 caw1897.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAW) NO. 1897 OF 2023 IN WRIT PETITION NO. 8308 OF 2022 ( Shankar Prabhakar Mehange and others ..vs.. The Divisional Commissioner, Amravati and another ) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. S.M. Vaishnav, Counsel for the petitioner, Mrs. Kalyani Deshpande, AGP for respondent 1, Mrs. S.S. Jachak, Counsel for respondent 2.

CORAM : ROHIT B. DEO & M.W. CHANDWANI , J J .

DATED : 27-06-2023 On 16-6-2023 we noted that there was no appearance on behalf of respondent 2-Chief Executive Officer, Zilla Parishad, Buldhana, (CEO) and issued bailable warrant to secure the presence of the CEO on 30-6-2023.

2.

The learned Counsel for the CEO points out that the notice issued was made returnable on 23-6-2023 and she filed the Vakalatnama on 19-6-2023. However, without informing respondent 2, the petitioners circulated the matter on 16-6-2023.

3.

Since on 16-6-2023 there was no Vakalatnama filed on behalf of respondent 2, the

2 caw1897.23 order of bailable warrant came to be issued. We recall the order of bailable warrant. However, the matter cannot end there.

4.

We direct the learned Counsel for the petitioners to file personal affidavit whether he has circulated the matter on 16-6-2023 without giving due intimation to respondent 2. If the matter is indeed circulated by the learned Counsel for the petitioners without giving due intimation to respondent 2, without waiting for any further order the petitioners to pay costs of Rs.10,000/- (Rupees Ten Thousand) to the CEO.

5.

We expect the learned Counsel for the petitioners to pay the costs within seven days, if he has indeed circulated the petition on 16-6-2023 without intimating respondent 2, which led us to pass an order which is extremely unjust and unfair to the CEO.

6.

Stand over to 07-7-2023.

(M.W. CHANDWANI, J.) (ROHIT B. DEO, J.) MANOHARRAO ADGOKAR adgokar