Shaikh Asma Abdul Khadar v. The State Of Maharashtra Through Its Secretary And Others

1 ca 1132.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1132 OF 2025 IN WRIT PETITION NO. 8016 OF 2012 Shaikh Asma Abdul Khadar .. Applicant

Versus

The State of Maharashtra and others .. Respondents Shri Hamzakhan I. Pathan, Advocate for the Applicant. Shri A. S. Shinde, A.G.P. for the Respondent Nos. 1 and 3. Shri Prashant R. Nangare, Advocate for the Respondent No. 4. CORAM : S. G. MEHARE AND SHAILESH P. BRAHME, JJ.

DATE : 27TH JANUARY, 2025.

ORDER :

.

Leave to correct the nomenclature of the respondent No. 4 granted.

Heard the respective counsels. The original petition was dismissed for non compliance of removing the office objections The coordinate bench on 21.06.2022 by common order granted last opportunity to the applicant/petitioner to remove office objections and passed conditional order that if office objections are not removed as per the Courts order, the petitions sall stand dismissed without reference to the Court. Even then no cognizance was taken. The coordinate bench did not dismiss the

2 ca 1132.25 matter at once. However, time was granted to the learned counsel for the applicant. However, contention of the applicant is that since it was a common order, it was not noticed. Pragmatically the reason is not acceptable. However, it is shown that there is sheer negligence in not obeying the order of the Court. We are of the view that for the mistake of some one the applicant should not be made to suffer.

3.

The learned counsel for the applicant is voluntarily ready to donate Rs. 5,000/- (Rs. Five thousands only) to the Registrar (Judicial) of this Court for the purpose of Government Dispensary at High Court of Bombay Bench at Aurangabad. 4.

The civil application is allowed. The delay is condoned. The writ petition be restored to its original position. Office objections be removed within two (02) weeks from today. If the office objections are not removed within time, the original order would stand restored. The learned counsel for the applicant shall deposit Rs. 5,000/- (Rs. Five thousands only) with the Registrar (Judicial) of this Court for the purpose of Government Dispensary, at High Court of Bombay, Bench at Aurangabad, within two weeks.

[SHAILESH P. BRAHME J.] [S. G. MEHARE, J.] bsb/Jan. 25