Archana D/O Tulsiram Kumbhare (W/O Kirankishor Barapatre) v. State Of Maharashtra Through Secretary, Department Of Tribal Development, Bombay And Others

cao.1262.18 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAO] No.1262 of 2018 with Civil Application [MCA] St. No.9453 of 2018 in Writ Petition No.1792 of 1999 (D) Archana D/o Tulsiram Kumbhare vs.

State of Maharashtra, through its Secretary, Department of Tribal Development, Bombay & others =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Shri N.V. Fulzele, Advocate for the Applicant/Petitioner. Shri N.H. Joshi, A.G.P. for the Respondent Nos.1 to 4. Shri Abhijeet Deshpande, Advocate for Respondent No.5 COR AM : V.M DESHPANDE & S.M. MODAK, JJ.

DATE : 25 th FEBRUARY, 2020 Heard Shri N.V. Fulzele, learned Counsel for the applicant/petitioner, Shri N.H. Joshi, learned Assistant Government Pleader for respondent Nos.1 to 4 and Shri Abhijeet Deshpande, learned Counsel for respondent No.5.

02] Writ Petition No.1792/1999 filed by the petitioner was dismissed for want of prosecution on 25/07/2013.

03] The petitioner, therefore, filed an application for restoration of the writ petition. The said application is registered as Civil Application [MCA] St. No.9453/ 2018. Since, there was a delay of 4 years and 219 days for moving such application, the petitioner filed

cao.1262.18 2/2 an application for condonation of delay, which is registered as Civil Application [CAO] No.1262/2018. 04] After hearing the learned Counsel for the respective parties and after going through the contents of the applications, which are on affidavit, we are of the view that the applicant/petitioner has made out a case for condonation of delay as well as for restoration of the writ petition. Consequently, the following order is passed.

O R D E R

I.

Civil Application [CAO] No.1262/2018 is hereby allowed.

II.

Delay in filing the application for restoration of the writ petition is condoned.

III.

Civil Application [MCA] St. No.9453/2018 for restoration of Writ Petition No.1792/1999 is hereby allowed subject to payment of costs of Rs.5,000/- (Rupees Five Thousand Only) to the High Court Legal Services Sub-Committee, Nagpur, within a period of two weeks from today and the petitioner shall produced copy of receipt on record.

IV.

With this, both the civil applications are allowed and disposed of accordingly.

JUDGE JUDGE *sandesh