An applicant sought restoration of a writ petition dismissed in default due to an advocate changing offices. The Court allowed the application by condoning a 15-day delay and restored the petition, removing it from the Board.
The civil application was allowed and the writ petition was restored.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.9359 OF 2021
IN WP/5981/2020
TUKARAM SUPDU CHAUDHARI DIED THROUGH LRS RAMAN TUKARAM CHAUDHARI
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.K.N.Shermale, Advocate for the applicant.
Mr.K.B.Jadhav, AGP for respondent Nos. 1 to 5.
( CORAM : RAVINDRA V. GHUGE &
S.G. MEHARE, JJ)
DATE : SEPTEMBER 14, 2021
PER COURT:
1. Mr.Shermale, the learned Advocate is now appearing on behalf of
the applicant and he solemnly submits that Advocate Mr.Girish Nagori
has curtailed his practice in the High Court and has moved his office to
Jalgaon. This civil application is filed for seeking restoration of WP
No.5981/2020. Delay of 15 days is caused.
2. The writ petition was dismissed in default since Mr.Nagori had practically declined to conduct the brief. The Court was not informed that he had curtailed his practice and left Aurangabad. The petition
khs/Sept. 2021/9359
was therefore dismissed in default even before issuing notice. Even
earlier, this petition was dismissed and then restored.
3. In our view, delay of 15 days is minor and cannot be said to be inordinate or deliberate. We, therefore, allow this civil application by condoning the delay.
4. The writ petition is restored.
5. The learned Advocate for the petitioner submits that the petition
would lie before the learned Single Judge as the impugned order is
passed by the Divisional Commissioner, Nasik in RTS Revision
No.588/2018.
6. In view of the above, this petition is removed from the Board.
( S.G. MEHARE, J. ) ( RAVINDRA V. GHUGE, J. )
khs/Sept. 2021/9359
2 issues framed by the court
Whether a delay of 15 days in pursuing a writ petition warrants condonation for restoration.
Whether the writ petition should be restored and removed from the Board.
Tukaram Supdu Chaudhari (Dead) by Lrs Raman Tukaram Chaudhari
The State of Maharashtra
Ravindra V. Ghuge
S. G. Mehare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court