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Bombay High CourtIA/15757/2024disposed off

Rohan Rajesh Giri And ANR v. The State Of Maharashtra Thr Prin. Secretary, Rural Development And Water Cons. Dept. And ORS

2025-01-10Hon'Ble Smt. Justice Bharati Dangre , Hon'Ble Shri Justice Ashwin D. Bhobe2 pages

(21)IA-15757-2024.doc rajshree

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.15757 OF 2024 IN WRIT PETITION (L) NO.4659 OF 2024 Rohan Rajesh Giri & Anr.

] ..

Applicants vs.

The State of Maharashtra, ] The Principal Secretary, Rural Development] and Water Cons. Dept. & Ors.

] ..

Respondents Mr.Shrikant Patil, for the Applicants.

Mr.Abhijeet Naik, AGP for the State.

CORAM :

BHARATI DANGRE & ASHWIN D. BHOBE, JJ DATE :

10th JANUARY, 2025.

P.C.

1.

Writ Petition (ST) No.4659/2024 came to be dismissed, as on the objections being notified to be removed within the stipulated period, the same were not removed.

2.

Heard the learned counsel for the Applicants and perused the Application.

The Writ Petition is filed raising the challenge to the impugned communication 20/12/2023 issued by Respondent No.3. 1/2

(21)IA-15757-2024.doc On 18/07/2024, the Writ Petition was notified before the Registrar (Judicial-I) for non removal of the office objections and conditional order came to be passed by granting two weeks time to remove the office objections and failure of the Petition to do so, resulting into dismissal of the petition without further reference to the Court. It is submitted that the Advocate for the Petitioner could not notice the Writ Petition on the Registrar's Board on 18/07/2024 and after gaining knowledge about its dismissal, the present Application came to be preferred thereafter, which has occasioned delay of 124 days.

3.

Since, we are satisfied with the bonafides of the Applicant/ Petitioner and we are of the opinion that the delay is not intentional, Interim Application No.15757/2024 is made absolute in terms of prayer clauses (a) and (b).

Writ Petition (St.) No.4659/2024 is restored to its file. The Petitioner is directed to remove the office objections within a period of three weeks from today.

4.

List the Writ Petition on 24/02/2025.

(ASHWIN D. BHOBE, J.) (BHARATI DANGRE, J.) 2/2