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Bombay High CourtMCA/6/2015dispossed offdismiss for default

Arvind S/O Narayan Nalkande And Another v. The State Of Maha. Through Its Chief Secretary Dept. Of Agricutlure, Animal Husbandry And 7 Others

2015-02-04Hon'Ble Shri Justice B. P. Dharmadhikari,Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR

BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO.6 OF 2015 (RESTORATION) IN WRIT PETITION NO.6761 OF 2013 (D) Arvind S/o Narayan Nalkande and anr ..vs..

The State of Mah. and ors .......................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ........................................................................................................................................... Shri R.J. Shinde, counsel for the applicants/petitioners. Shri C.N. Adgokar, AGP for NA No.1/Resp.

CORAM

: B.P. DHARMADHIKARI & A.S. CHANDURKAR, JJ.

DATE : FEBRUARY 4, 2015.

Heard.

We have perused the application.

The facts in writ petition show that an Agricultural Advisory Committee for Daryapur Taluka was constituted by the District Superintending Agricultural Officer, Amravati on 3.1.2012 with the approval of the Collector Amravati. It's tenure was for the years 2012-13 and 2013-14. The said Committee was superseded on 17.1.2013 and a new Committee was constituted by very same Officer. The said .....2/-

new Committee was supposed to take meeting on 23.1.2013. Writ Petition No.6761 of 2013 was filed before this Court on 18.12.2013 and this Court directed that business transacted in furtherance of impugned communication dated 17.1.2013 would be subjected to further orders of this Court in the writ petition.

At this juncture, it is not in dispute that the tenure of the petitioner has expired. Not only this, the tenure of body re-constituted on 17.1.2013 has also expired.

In this situation, it is apparent that no practical purpose will be served by this Court intervening in the matter. It will be appropriate for the petitioner to move suitable representation pointing out expiry of term and seeking suitable directions for constitution for such Advisory Committee, if it is not constituted thereafter.

In this situation, though we find that order dismissing writ petition needs to be recalled and writ petition deserves to be restored back to its file, we are satisfied that no intervention by this Court is necessary in .....3/-

extraordinary jurisdiction.

Hence, in the light of the above observations and with liberty as mentioned supra to the applicant/petitioner, we dispose of the misc. civil application as also writ petition. JUDGE JUDGE !! BRW !!

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