Smt. Gayatri Vilas Nilawar And Another v. The Divisional Commissioner, Amravati Division, Amravati And 15 Others

13-MCA-954-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 954 OF 2024 IN WRIT PETITION NO. 6217 OF 2011 (Smt. Gayatri Vilas Nilawar & Anr. Vs. The Divisional Commissioner, Amravati Division & Ors.) __________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri Bhandakkar h/f Shri C.S. Dharmadhikari, Counsel for the petitioners.

Shri S.C. Joshi, A.G.P. for the respondents/State. .....

CORAM : ANIL L. PANSARE, J.

OCTOBER 24, 2024 On 30/9/2024, following order was passed in Writ Petition No. 6217/2011 :

"On 11.02.2022, following order was passed.

"None present for the petitioners when called.

It appears that the petitioners are not interested in proceeding with the matter.

List this matter after two weeks under the caption of "dismissal"."

None appears for the petitioners today.

It appears that the petitioners are not interested in prosecuting the petition.

The writ petition is dismissed as not prosecuted."

2] By present application, the applicants/ petitioners are praying for restoration of petition. The reason assigned for not attending the matter is that the petitioners' Counsel, due to oversight, failed to mark the matter.

13-MCA-954-2024 3] Experience shows that this ground is put forth in a routine manner. I am informed that as and when a petition is listed, message of listing is sent to the Counsel. Nothing has been said on this point. 4] In the circumstances, the application is allowed as prayed for subject to cost of Rs.5,000/- to be deposited by the petitioners with the High Court Bar Association Library, Nagpur, on or before 14/11/2024 failing which the order of dismissal shall stand restored. 5] If cost is paid, list the petition thereafter. (ANIL L. PANSARE, J.) Sumit