Bombay High CourtCAW/2325/2017ca disposed off

Sau. Leena Ramesh Dongarwar v. The Commissioner, Nagpur Division, Nagpur And Others

2017-10-10Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw2325.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO. 2325 OF 2017 IN WRIT PETITION NO.688 OF 2016 (SAU. LEENA RAMESH DONGARWAR...VS.. THE COMMISSIONER, NAGPUR DIVISION & OTH) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri M.V.Samarth, Advocate for Petitioner/applicant. Ms M.A.Barabde, A.G.P. for Respondent Nos.1, 2, 4 & 5. Shri A.Y. Kapgate, Advocate for Respondent No.3. CORAM : Z.A.HAQ, J.

DATED : OCTOBER 10, 2017.

By this application, the original petitioner seeks continuation of the protection granted by this Court while dismissing her petition. On 21st September, 2017 this Court examined the challenges raised by the petitioner in the writ petition, however, did not accept any of the challenges and dismissed the petition. A request was made on behalf of the petitioner for extending protection to the petitioner to enable her to take appropriate steps in the matter. Considering the fact that the interim order had been operating in favour of the petitioner since 1st February, 2016 this Court extended the protection to the petitioner for three weeks. Now, the petitioner has moved this application pointing out that she could get the certified copy of the judgment passed by this Court on 6th October, 2017 and therefore, the petitioner could not take appropriate steps to challenge the judgment. It is stated that though the judgment was pronounced in Court on 21st September, 2017 it was uploaded on the website on 3rd October, 2017 and in this process, out of three weeks, twelve days are lost.

2 caw2325.17 The learned advocate appearing for the respondent No.3 and the learned A.G.P. appearing for the respondent Nos. 1 and 2 have opposed the prayer made by the petitioner on the ground that the term of the petitioner will come to an end on 8th November, 2017 and the elections for the post for which the petitioner is making claim are scheduled on 16th October, 2017.

Considering the facts of the case, the interim protection granted to the petitioner shall continue till 27th October, 2017.

The civil application is disposed accordingly. JUDGE RRaut..