The Bench permitted petitioners to withdraw an improperly drafted writ petition with liberty to file a fresh one, dismissing the petition as withdrawn.
Petition is dismissed as withdrawn with liberty to file a fresh petition if so advised.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1735 OF 2005
Mrs.Mira Gopinath Khandagale
and another. ..Petitioners.
Versus
The Secretary, Industry, Energy
and Labour Department, Mantralaya,
Mumbai and another. ..Respondents.
....
Mr.N.M.Ganguli, Advocate for the petitioners.
Mr.K.R.Belosey, ‘A’ Panel Counsel for the respondent.
CORAM : J.N. PATEL AND
SMT.V.K.TAHILRAMANI,JJ.
DATED : 24TH FEBRUARY, 2009.
P.C.:-
1. Heard the learned Counsel for the petitioners
and the learned Special Counsel for the State of
Maharashtra at length.
2. On going through the pleadings in the Petition
and the prayer clause, the learned Counsel for the
petitioners fairly concedes that the Petition and the
reliefs sought in the Petition are not prepared
properly and, therefore, states that the petitioners
may be permitted to withdraw the Petition with
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liberty to file fresh petition, if so advised.
3. It is unfortunate that the litigant is waiting
in this Court from the year, 2005 merely for getting
her Petition admitted. The previous orders show that
the Petition was also not followed-up diligently by
the Counsel who was appearing for the petitioners.
4. We are required to make aforesaid observation so
that the litigant should know that the fault does not
lie on the part of the Hon’ble Judges of this Court,
but, the Counsel engaged by her.
5. We, therefore, permit the petitioners to
withdraw the Petition with liberty to file fresh
Petition, if so advised. Petition is dismissed as
withdrawn with aforesaid liberty.
[J.N.PATEL,J.]
[SMT.V.K.TAHILRAMANI,J.]
Mrs. Mira Gopinath Khandagale and another
The Secretary, Industry, Energy and Labour Department, Mantralaya, Mumbai and another
J.N. PATEL
V.K. TAHILRAMANI
As recorded by the court registry
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