Bapurao Marotrao Deshmukh (Dead) Thr. Lrs. v. State Of Maharashtra, Thr. The Honble Minister, Ministry Of Forest, Mumbai And Others

1 1.mca.396.2024

IN THE HIGH

COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 396 OF 2024 IN WRIT PETITION NO.251 OF 2023 Shri Bapurao Marotrao Deshmukh (died) thr. LR's ..vs..

State of Maharashtra and ors.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri R.R. Gour, Advocate a/w Mrs. A.M. Raut, Advocate for the applicants.

Shri N.R. Patil, Assistant Government Pleader for the State.

CORAM:

VINAY JOSHI AND M.S. CHANDWANI , J J.

DATED :

12/07/2024.

Heard.

2.

The applicants are seeking a review of the order of this Court dated 12.04.2023 passed in Writ Petition No.251 of 2023 by which the petition was disposed of on the premise of the statement made by the Assistant Government Pleader.

3.

Being aggrieved by the order passed by the respondent no.2 The Principal Chief Conservator of Forest (Protection), State of Maharashtra, Nagpur, the petitioner has filed further appeal before the original respondent no.1 the State of Maharashtra. In Writ Petition, the petitioner seeks for directions to the respondent no.1 to expeditiously decide the said pending appeal no.MVS/08/2015/Case No.157/F-6. It appears that on 12.04.2023 the then learned A.G.P. made a submission to this Court that the appeal has been decided on merits. Basing on said submission, this Court

2 1.mca.396.2024 has disposed of the writ petition.

4.

Learned Counsel for the applicant would submit that the statement made in this Court was factually incorrect since the appeal is still pending and is now, kept for hearing on 16.07.2024.

5.

Learned A.G.P. conceded the position.

Apparently, disposal of writ petition was on misstatement, and thus, error has occurred.

6.

In view of the above, the review application is allowed and disposed of. We hereby recall our earlier order dated 12.04.2023 and restore the writ petition no. 251 of 2023 on the file.

7.

The matter be placed on 18.07.2024.

(M.S. CHANDWANI , J.

) (VINAY JOSHI, J.) Trupti