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Bombay High CourtCAO/259/2019allowed

Raibhan S/O Ramchandra Nagrare v. Zilla Parishad, Nagpur Through Chief Executive Officer

2021-03-03Hon'Ble Shri Justice V.M. Deshpande2 pages

cao259.19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO.259/2019 IN MISC. CIVIL APPLICATION ST. NO.21171/2018 (FOR RESTORATION) IN REJ. M.C.A.ST.NO.51/2018 IN REJ. WRIT PETITION NO.778/2017 Raibhan s/o Ramchandra Nagrare .vs. Zilla Parishad, Nagpur through CEO Nagpur _____________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Mr. J. L. Bhoot, Advocate for applicant.

CORAM : V.M. DESHPANDE, J.

DATED : MARCH 3, 2021 Heard Mr. Bhoot, learned counsel for applicant. The applicant has filed writ petition before this Court. When the writ petition was on stamp, in spite of chances given to the learned counsel for applicant, the objections were not removed. Therefore, Registrar (Judicial) of this Court on 11.12.2017 passed a conditional order and after expiry of time granted, by order dated 11.12.2017, the stamp stood rejected.

The applicant, therefore, filed an application for restoration of the writ petition. There is a delay for moving the said application. Therefore, application for condonation of delay is filed. Both the applications are affirmed by Mr.Abhishek Jayant Bhoot, representing petitioner/applicant. On affidavit, explanation is given.

I am satisfied with the explanation. Further, the writ petition was not even registered. Therefore, there is no necessity of giving notices to the non applicants herein. Mr. Bhoot, learned counsel for applicant volunteers

cao259.19.odt that he shall pay costs of Rs.1,000/- to the High Court Legal Services Sub Committee, Nagpur within a period of one week from today.

The statement is accepted.

In that view of the matter, I pass the following order.

ORDER

(i) Both the applications are allowed.

(ii) Delay is condoned. The order passed by learned Registrar (Judicial) rejecting stamp is hereby revoked. (iii) The writ petition is restored to file.

(iv) Learned counsel for the applicant to remove the office objections within three weeks from today. (v) Learned counsel for applicant to pay costs of Rs.1,000/- to the High Court Legal Services Sub Committee, Nagpur within one week from today.

The applications are disposed of.

JUDGE kahale