Shrikant Moreshwar Kale And ORS. v. The State Of Maharashtra Through Secretary, Industries Dept. And ORS.
922-IA 13484-24 IN WP 13400-24.DOC Digitally signed by PRAJAKTA SAGAR VARTAK Date:
2024.10.07 13:09:21 +0530 PRAJAKTA SAGAR VARTAK Prajakta Vartak
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 13484 OF 2024 IN WRIT PETITION NO. 13400 OF 2024 Shrikant Moreshwar Kale & Anr.
...Applicants In the matter between Shrikant Moreshwar Kale & Ors.
...Petitioners
Vs.
The State of Maharashtra & Ors.
...Respondents
_________ Mr. Sameer Kadam for Applicant.
Ms. Nisha Mehra, AGP for State/Respondent Nos.1, 4, 5. Ms. Shyamali Gadre with Ashwin Kulkarni i/b. Little & Co. for MIDC. __________
CORAM:
G. S. KULKARNI & SOMASEKHAR SUNDARESAN, JJ.
DATE:
03 OCTOBER, 2024.
P.C.
1.
This interim application is filed in Writ Petition No. 13400 of 2024 praying that the order dated 26 September 2024 passed by this Court allowing the petitioners to withdraw the petition, be recalled. 2.
Learned counsel for the applicants has pointed out that on 26 September 2024 at serial no.902 there were two writ petitions listed on board, namely, the present petition (Writ Petition No. 13400 of 2024) and Writ Petition No. 13040 of 2016. On that day, in Writ Petition No. 13040 of 2016, a request was made to withdraw the petition, however, although the Court permitted withdrawal of Writ Petition No. 13040 of 2016, inadvertently, the present petition (Writ Petition No.13400 of 2024) was also permitted to be withdrawn which was not in fact intended to be withdrawn. Learned counsel for the respondents would not have any dispute in this regard. 03 October 2024
922-IA 13484-24 IN WP 13400-24.DOC 3.
Accordingly, we recall our order dated 26 September 2024 passed in Writ Petition No. 13400 of 2024 and give directions that the said writ petition be listed for admission after two weeks. Reply affidavit, if already not filed, be placed on record on or before the adjourned date of hearing. Ordered accordingly.
4.
Interim application stands disposed of accordingly in the aforesaid terms. No costs.
5.
We accordingly restore the writ petition No. 13400 of 2024 along with interim reliefs as granted.
(SOMASEKHAR SUNDARESAN, J.) (G. S. KULKARNI , J.) 03 October 2024