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Bombay High CourtCAW/3223/2019ca disposed off

Lalita Lalesh Darwade And Others v. The State Of Maharashtra, Thr. Secretary, State Excise, Mumbai And Others

2019-12-04Hon'Ble Shri Justice Manish Pitale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (W) NO.3223 OF 2019 IN WRIT PETITION NO.8694 OF 2018 (decided) Lalita Lalesh Darwade and others vs.

The State of Maharashtra - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memorandum of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri. S. G. Jagtap, counsel for applicants.

Shri. N. G. Moharir, counsel for respondents No. 6 and 7. Shri. B. M. Lonare, AGP for respondents No.1 to 4 CORAM : MANISH PITALE J DATED : 04/12/2019 This is an application seeking further extension of interim order passed by this Court which was already extended by four weeks by order dated 08/11/2019. 2.

It is submitted on behalf of the applicants that although the revision application was filed before the respondent No.1 State, due to intervening events, the same could not be take up for consideration. It is submitted that despite the extension of interim order by four weeks granted by order dated 08/11/2019, the revision application could not be listed for consideration before the concerned authority.

2 / 2 caw3223.19 3.

The contesting respondents have strongly opposed the present application. It is pointed out that despite being aware of alternative remedy available, writ petition was filed by the applicants herein and while withdrawing the writ petition, interim order was got extended, which has now been extended from time to time without any efforts being made for the revision application to be listed for consideration before the respondent No.1 State. 4.

The documents on record indeed show that as on 07th October 2019, the revision application was filed by the counsel representing the applicants before the respondent No.1 State. Therefore, even if there was some difficulty in getting the revision application listed for consideration due to intervening elections and time taken for Government to take charge in Maharashtra, the said conditions no longer exist. Therefore, despite strong objection on the part of the contesting respondents, the interim order granted by this Court is further extended for a period of four weeks, as a matter of last chance. It is made clear that no further extension under any circumstances will be granted to the applicants.

5.

Application is disposed of.

JUDGE KOLHE/P.A.