Shri Ramesh S/O Moreshwar Upadhye v. Sub Divisional Officer, Nagpur And 5 Others

925 mca92.17.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

MISC. CIVIL APPLICATION NO. 92 OF 2017 IN WRIT PETITION NO. 2552 OF 2015 Ramesh s/o Moreshwar Upadhye Vs.

Sub-Divisional Officer, Nagpur and others _______________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court'

s orders of directions Court'

s or Judge'

s orders.

and Registrar'

s Orders.

Shri V.A. Dhabe, Advocate for applicant.

Shri A.M. Kadukar, AGP for respondent Nos.1 and 2. CORAM : V.M. DESHPANDE, J.

DATE : JANUARY 27, 2021.

This is an application for restoration of the writ petition filed on behalf of the petitioner.

(2) The writ petition was dismissed in default on 13.12.2016. In the writ petition notices were issued to the respondents herein.

(3) On 16.12.2016, the present application for restoration of writ petition is filed. The learned A.G.P. is appearing for non-applicant Nos.1 and 2. Since original notices issued were not served upon the non-applicant Nos.3 to 6 in this application, the application can be considered after hearing the learned counsel for applicant and the learned Assistant Government Pleader for non-applicant Nos.1 and 2.

925 mca92.17.odt (4) After having gone through the contents of the application, I am satisfied that applicant has made out a case for restoration of the writ petition. Hence, the application is allowed by recalling order dated 13.12.2016 dismissing the writ petition in default.

(5) The writ petition is restored to its original file. WRIT PETITION NO. 2552 OF 2015 (6) Put up this writ petition for admission on 10.02.2021.

JUDGE Wagh