Haresh Kashinath Mhatre v. State Of Maharashtra Thr Chief Secretary And ORS

1/2 14 IA-1211-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

MANDIRA MILIND SALGAONKAR MILIND SALGAONKAR Date: 2025.02.04 15:54:11 +0530 CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.1211 OF 2025 IN PUBLIC INTEREST LITIGATION (ST) NO.13348 OF 2023 Haresh Kashinath Mhatre ..

Applicant In the matter between :- Haresh Kashinath Mhatre ..

Petitioner

Versus

State of Maharashtra through Chief Secretary & Ors.

..

Respondents ...

Mr.Rachit Singh with Mr.Nitin Satpute, Mr.Deepak Jadhav and Mr.Nandkumar Pal for the Applicant/Petitioner. Mr.K.B.Dighe, Addl.G.P. with Mrs.G.R.Raghuwanshi, A.G.P. for the State/Respondent.

CORAM: ALOK ARADHE, CJ. & BHARATI DANGRE, J.

DATED : 03rd FEBRUARY, 2025 ...

P.C:- 1.

In this Interim Application, the Applicant/Petitioner seeks restoration of Public Interest Litigation (St) No.13348 of 2023, which came to be dismissed by order dated 14/03/2024. 2.

Heard learned counsel for the Applicant/Petitioner. 3.

On 28/02/2024, a group of writ petitions/public interest litigations were listed before the Registrar (Judicial I), in the wake of the objections notified on 29/30th January, 2024 for removal of office objections. Since the advocates and the M.M.Salgaonkar

2/2 14 IA-1211-25.odt parties fail to remove the objections, the proceedings were listed on the Board of Registrar (Judicial I), who is empowered to refuse the registration in case of failure to remove the office objections. Two weeks' time was granted to the parties and their advocates to remove the office objections and it was indicated that on failure to do so, order as contemplated under Rule 3, sub-rule (ii) of Chapter XVII of the Bombay High Court Appellate Side Rules, 1960, will be passed.

By order dated 14/03/2024, one more opportunity was given to remove the office objections, but clearly indicating that on failure to do so, the writ petitions/public interest litigations, shall be refused registration automatically, without further reference to the Court.

4.

Since the Petitioner failed to remove the office objections, the Public Interest Litigation was refused registration and by the present Application, its restoration is sought, by stating that the Advocate failed to comply with office objections in time and, since, the lapse was unintended, the Public Interest Litigation may be restored to its file.

5.

For the reasons cited in the Application , supported by an affidavit, Public Interest Litigation (St) No.13348 of 2023 is restored to file. Let the office objections, if any, be removed within a period of two weeks from today. Subject to compliance of the office objections, Public Interest Litigation (St) No.13348 of 2023 is restored to file.

6.

In the result, Interim Application is allowed. (BHARATI DANGRE, J.) (CHIEF JUSTICE) M.M.Salgaonkar