Allowed

Gopinath Ganpat Patil and Ors. v. the State Maharashtra Thr. Chief Sec. and Ors.

Bombay HC13 Dec 2023IA/13486/2023

Case brief

AI extract

What is this about?

Interim application filed to restore a writ petition that had been rejected due to failure to remove office objection within a stipulated time. The court allowed restoration, granted time to remove objection, condoned delay, and directed admission of the petition.

What did the court decide?

Restoration of Writ Petition No. 17294 of 2019; four weeks time to remove office objection; condonation of 270 days delay; order dated 9/03/2022 recalled.

Gopinath Ganpat Patil and Ors. Vs the State… — Writ and Judicial Review | Bombay HC (2023)

¶1

4-ASIA-13486-2023.doc

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶3

INTERIM APPLICATION NO. 13486 OF 2023

¶4

¶5

WRIT PETITION NO. 4134 OF 2022

¶6

Gopinath Ganpat Patil & Ors …Applicants/ Original Petitioners

¶7

Versus

¶8

The State of Maharashtra through Chief Secretary & Ors …Respondents

¶9

Mr. P. R. Pandey, i/b Shahjahan Khan, Advocates for the Applicants/Petitioners.

¶10

Mr. A.I. Patel, Addl. GP a/w R.S. Pawar, AGP, for State/Respondent Nos. 1 to 4.

¶11

Mr. Sachin Punde, Advocatefor Respondent Nos. 5, 7 to 9.

¶12

CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : DECEMBER 13, 2023

¶13

PC :

¶14

The above Interim Application is filed seeking restoration of

¶15

the above Writ Petition and setting aside the order dated 9^th March 2022. The impugned order directed the Petitioners to remove the office objection within four weeks from 9^th March 2022, failing which registration of the Writ Petition, was to stand rejected.

¶16

Page 1 of 2 DECEMBER 13, 2023

¶17

Ashwini Vallakati

¶18

Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2023.12.13 15:17:57 +0530

¶19

4-ASIA-13486-2023.doc

¶20

Having heard the learned Counsel for the parties and for the

¶21

reasons stated in the Interim Application, the same is allowed in terms of prayer clause ‘A’ which reads thus:

¶22

“A) That this Hon’ble Court be pleased to restore back the Civil Writ Petition No. (St.) 17294 of 2019, back on record and thereby grant the Applicants 4 weeks time to revmove the office objection (if any) thereof and delay caused in filing of restoration application 270 days delay may be condoned and recall the order dated 9/03/2022.”

¶23

The Writ Petition is now restored to file and is dircted to be

¶24

placed on board for admission on 17^th January 2024.

¶25

The Interim Application is accordingly disposed of. However there shall be no order as to costs.

¶26

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

¶27

[ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

¶28

Page 2 of 2 DECEMBER 13, 2023

¶29

Ashwini Vallakati

Gopinath Ganpat Patil and Ors. v. the State Maharashtra Thr. Chief Sec. and Ors.

Case brief

What is this about?

What did the court decide?

Gopinath Ganpat Patil and Ors. v. the State Maharashtra Thr. Chief Sec. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Bhau Dhondiba Hole and Anr. Vs State of Maharashtra Thr Chief Secretary and Ors.

Balu Pandurang Ghayal Vs State of Maharashtra Thr Chief Secretary and Ors.

Kisan Ganpat Bhosale (Dec) Sampat Ganapat Bhosale and Ors. Vs State of Maharashtra Thr Chief Secretary and Ors.

Bindu Ajay Bhatt vs the Board of Directors of Chembur Nagrik Sahakari Bank Ltd.

Sandeep Vitthal Satavi Vs State of Maharashtra Thr the Secretary Public Works Dept. and Ors.

Avinash Balaram Bhoir Decd. Thr. Lhr Mithil Avinash Bhoir Vs State of Maha Thr. Prin. Sec. and Ors.