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Bombay High CourtCA/3182/2026disposed off

Prakash Madhukar Marsale v. The State Of Maharashtra And Others

2026-04-01Hon'Ble Shri Justice Kishore C. Sant , Hon'Ble Shri Justice Sushil M. Ghodeswar2 pages

2026:BHC-AUG:14269-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 3182 OF 2026 IN WP/11196/2016 PRAKASH MADHUKAR MARSALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr. S. N. Suryawanshi, Advocate for Applicant (Through VC) Mr. V. K. Kotecha, AGP for the Respondent/State Mr. R. N. Jain, Advocate for Respondent No.2 CORAM : KISHORE C. SANT AND SUSHIL M. GHODESWAR, JJ.

DATE : 1st APRIL, 2026 PER COURT :- 1.

Learned Advocate for the Applicant has filed on record an affidavit of service, showing that Respondents have been served through Speed Post. He has also annexed the copy of service report to downloaded from the website of Postal Department. The service is, therefore, treated as complete.

2.

Considering that present application is for recall of the order dated 20.02.2026 and for restoration of Writ Petition No. 11196 of 2016, and as none appeared for Respondent No. 3 despite of service, the application deserves to be allowed.

14 CA 3182.2026.odt

3.

Application stands allowed. The order dated 20.02.2026 is recalled and Writ Petition No. 11196 of 2016 is restored to its original position.

4.

Mr. R. N. Jain, learned Advocate has instructions to appear on behalf of Respondent No.2.

5.

Post the Petition for admission on 17th April, 2026. (SUSHIL M. GHODESWAR) (KISHORE C. SANT) JUDGE JUDGE ssp 14 CA 3182.2026.odt