The Principal Chief Conservator Of Forest And Director General Social Forestry v. Vijay Bhagwan Shinde

1/2 14 IA.14399.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 14399 OF 2024 IN LETTERS PATENT APPEAL NO. 09 OF 2017 IN WRIT PETITION NO. 5206 OF 2000 WITH CIVIL APPLICATION NO. 20 OF 2017 The Deputy Director of Social Forestry, Pune Division, Pune ..

Applicant In the matter between:

The Principal Chief Conservator of Forest and Director General Social Forestry and Anr.

Petitioner

Versus

Vijay Bhagwan Shinde ..

Respondent ...

Mr. B.V. Samant, Addl.G.P., a/w M. S. Bane, AGP, for the State. ...

CORAM: BHARATI DANGRE & MANJUSHA DESHPANDE, JJ.

DATED : 11th NOVEMBER, 2024 P.C:- 1.

Being aggrieved by the order dismissing the Letters Patent Appeal on 05.01.2024, the Interim Application seeking its restoration alongwith a prayer for condonation of delay is listed before us.

2.

We have heard the Addl. G.P. representing the Applicant R.V.Patil

2/2 14 IA.14399.2024.odt (the Appellant No. 2 in the Letters Patent Appeal) and perused the Application.

In paragraphs 4 to 6 it is specifcally stated that, inadvertently listing of the Letters Patent Appeal before the Division Bench, who was assigned the criminal matters has not taken note of, and when the Appeal was notifed on board before the said Division Bench and matter was called out, none appeared for the Appellant, which resulted in an order of its dismissal for non-prosecution. In paragraph 5, the steps taken to seek restoration of the Letters Patent Appeal, once the knowledge was gained about its dismissal is specifcally stated. Since it is specifcally urged before us that, if the Appeal is not restored to the fle, the Forest Department will suffer irreparable loss, we are inclined to restore the Appeal to its fle by condoning the delay caused in bringing out the Interim Application seeking the restoration of the Letters Patent Appeal. As a result, Interim Application is made absolute in terms of prayer clause (a) and (b).

The Letters Patent Appeal is permitted to be circulated before the appropriate Bench.

(MANJUSHA DESHPANDE, J.) (BHARATI DANGRE, J.) R.V.Patil