Uma Anil Nimbalkar And Another v. State Of Maha. Thr. Secretary For Education And Rural Development Dept., Mumbai And Anothe

2025:BHC-NAG:4870

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION ST. NO. 7561 OF 2023 (Smt. Uma Anil Nimbalkar & Anr. Vs. State of Maharashtra & Anr.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Ms Aastha Sharma h/f Mr. P.R. Agrawal, Counsel for the petitioners.

Ms K.P. Marpakwar, A.G.P. for respondent no.1/State. Ms S.S. Ketkar h/f Mr. U.J. Deshpande, Counsel for respondent no.2.

.....

CORAM : ANIL L. PANSARE, J.

MAY 7, 2025 CIVIL APPLICATION NO. 1135/2024 IN MISC. CIVIL APPLICATION ST. NO. 16974/2024 IN WRIT PETITION ST. NO. 7561/2023 By present application, the applicants are seeking to condone delay of 338 days in filing application for restoration of writ petition.

2] The learned Counsel for the applicants/ petitioners submits that initially, the petitioners engaged another Counsel, who failed to take steps and inform the petitioners about consequences of failure to take steps. Later on, the petitioners came to know of such developments, and hence, the delay.

3] The learned A.G.P. and the learned Counsel for non-applicant no.2/respondent no.2 submit that delay has been not properly justified.

4] Nonetheless, it appears that the petitioners were not made aware of the subsequent developments.

5] That being so, and for the reasons set out in the application, the same is allowed. Delay in filing application for restoration of writ petition is condoned. 6] The application is disposed of.

MISC. CIVIL APPLICATION ST. NO. 16974/2024 IN WRIT PETITION ST. NO. 7561/2023 7] By present application, the petitioners are seeking to recall order dated 4/9/2023 passed by the Registrar (Judicial), and to restore on file Writ Petition St. No. 7561/2023.

8] It appears that the petitioners failed to remove office objections within stipulated time and, therefore, the Registrar (Judicial) was pleased to dismiss the petition.

9] The learned Counsel for the petitioners submits that the petitioners will be diligent in prosecuting the petition. She further submits that office objections will be removed within seven working days from today, if the petition is restored.

10] On the basis of aforesaid assurance, the application is allowed. Order dated 4/9/2023 passed by the Registrar (Judicial) is quashed and set aside. Writ Petition St. No. 7561/2023 is restored to file. 11] The petitioners shall remove office objections within seven working days from today failing which the order passed by the Registrar (Judicial) shall stand restored without further reference to the Court.

12] If office objections are removed, process further.

13] The application is disposed of.

(ANIL L. PANSARE, J.) Sumit