Sukhdeo S/O Sahadeo Shendre v. The State Of Maharashtra, Thr. Secretary, Dept. Of Revenue And Forest, Mumbai And ORS

2025:BHC-NAG:10011 1 9. CAO911.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAO) NO. 911/2025 IN MISCELLANEOUS CIVIL APPLICATION ST. NO. 14862/2025 IN WRIT PETITION STAMP NO. 9855/2024 SHRI SUKHDEO S/O. SAHADEO SHENDRE

VERSUS

THE STATE OF MAHARASHTRA, THR. SECRETARY, DEPTT. OF REVENUE & FOREST, MANTRALAYA, MUMBAI & ORS.

Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri D. A. Sonwane, counsel for the petitioner. Ms. P. T. Joshi, counsel for respondent/State. CORAM : PRAFULLA S. KHUBALKAR, J.

D ATE : SEPTEMBER 3 0, 2025 CIVIL APPLICATION (CAO) NO. 911/2025 1.

This is an application for condonation of delay in filing restoration application. Learned counsel for petitioner submits that the petition was filed by a counsel who was appointed from the Panel of High Court Legal Services Sub-Committee. 2.

After the petition was filed the objections were not removed and resultantly the registration of the writ petition came to be refused by order dated 23rd September 2024. Thereafter the matter was allotted to the counsel who has now filed application for restoration with condonation of delay. It is pointed out that the there is delay of 261 days in filing the application, which occurred on account of severe medical issues in the family of the counsel.

2 9. CAO911.25.odt 3.

Having regard to the reasons mentioned in the Civil Application and submissions advanced, the delay of 261 days doesn't appear to be intentional and deliberate. The same needs to be condoned so that the matter is restored and petitioner is allowed to contest the petition on merits. The Civil Application is allowed and disposed of.

MISCELLANEOUS CIVIL APPLICATION ST. NO. 14862/2025 This is an application for restoration of the writ petition. The learned counsel for applicant submits that the petitioner wants to contest the petition on merits, however, the petition stood dismissed for failure to remove the office objections. Having regard to the contents of the Civil Application and submissions advanced the application is allowed. Writ petition is restored to its original number. Petitioner is directed to remove the office objections within two weeks.

WRIT PETITION STAMP NO. 9855/2024 Record reveals that the petition was earlier filed by a counsel on the panel of High Court Legal Service Sub-Committee. It appears that, the objections were not removed by the earlier counsel and resultantly the registration of the petition stood refused. Thereafter the matter appears to have been allotted to another counsel who has taken steps for restoration of the petition. It is surprising to see that the learned counsel from the Panel of High Court Legal Services Sub-committee was not extended necessary co-operation for removing the office objections. Hence the High Court Legal

3 9. CAO911.25.odt Services Sub-Committee is directed to place on record relevant communications exchanged with the counsel in this regard, within one week from today.

(PRAFULLA S. KHUBALKAR, J.) S.B. Raut