Shree Gavdevi Rahiwashi Seva Sangh v. The State Of Maharashtra Through Its Housing Department And 4 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO.837 OF 2025 IN WRIT PETITION (L) NO.28900 OF 2021 Shree Gavdevi Rahiwashi Seva Sangh ... Applicant/Petitioner.

V/s.

The State of Maharashtra & Ors.

... Respondents.

Mr. Atit Shukla, a/w Adv. Bhavika Shinde, i/by Adv. Vikrant Shinde for the Applicant/Petitioner.

Mr. Milind More, Addl. GP for Respondent-State. Mr. Nilesh Pandey for Respondent No.2.

ASHWINI GAJAKOSH CORAM : A. S. GADKARI AND KAMAL KHATA, JJ.

DATE : 12th March 2025.

P.C.:- ASHWINI H GAJAKOSH Date: 2025.03.18 12:02:04 +0530 1) This is an application for restoration of Writ Petition (L) No.28900 of 2021 which was dismissed for non-removal of office objections in view of notice dated 8th March, 2024. There is a delay of 199 days in preferring the present application.

2) Record indicates that Advocate for the Applicant/Petitioner though was aware of the fact that Petition pertains to the assignment of Division Bench had circulated it before the learned Single Judge and prompted the said Court to pass an Order dated 2nd December, 2024 restoring the Petition to file.

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2.1) It is only when the Registry noticed the said fact, it requested the learned Single Judge to recall the said Order and then the Order dated 2nd December, 2024 was recalled and the present application was restored to file.

3) Perusal of application clearly indicates that no plausible explanation is offered by the Applicant for not removing office objections within a period of four weeks in pursuance of notice dated 8th March, 2024. 4) In view of the aforenoted facts we were infact inclined to dismiss the Application. However, at the profuse request of the learned Advocate for the Applicant and on his statement that, for condonation of said delay, the Applicant will pay a cost of Rs.20,000/- to the High Court Employees Medical Welfare Fund at Mumbai within a period of two weeks from the date of uploading of the present Order on the official website of High Court of Bombay. The said statement is accepted as undertaking given to this Court.

The account details are as under:- Account Name :

The High Court Employees Medical Welfare Fund at Mumbai.

Account Number :

000120110001337.

Bank Name :

Bank of India Branch Name :

Mumbai (Main) IFSC Code :

BKID0000001.

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5) Subject to payment of cost within stipulated period as noted above to the said Welfare fund, delay is condone and application is allowed in terms of prayer clause (b).

6) Applicant is directed to remove office objections within a period of three weeks from the date of payment of said cost to the said welfare fund.

(KAMAL KHATA, J.) (A.S. GADKARI, J.) 3/3