Allowed

Ananta Narayanrao Bokde and Others v. State of Maharashtra, Thr. Secretary, Dept. of Education, Mumbai and Ors.

Bombay HC13 Sept 2024CAW/1216/2024

Case brief

AI extract

What is this about?

Office note sought recall of a Registrar's order in a writ petition, pointing out the petition stood dismissed against respondent no.5 for failure to supply correct address. The Registrar found the petitioner had timely filed a CAW supplying the address but it was not properly placed on record, recalled the order as erroneous, allowed the CAW, and directed notice.

What did the court decide?

Order dated 02.08.2024 recalled; CAW No. 1216/2024 allowed; amendments to cause title and notice to respondent no. 5 directed.

Ananta Narayanrao Bokde and Others vs State of… — Writ and Judicial Review | Bombay HC (2024)

¶1

CAW NO. 1216/2024 IN WRIT PETITION NO. 1898/2023

¶2

Coram : Registrar(Judicial) Dated : 13.09.2024

¶3

The office has put up a note dated 12.09.2024 pointing out that the order dated 02.08.2024 of the Registrar (Judicial) is to be recalled as the petition is already dismissed as against the respondent no. 5 in view of conditional order dated 15.03.2024 as the petitioner failed to supply correct address of the respondent no. 5 within four weeks from the date of the order.

¶4

On perusal of the record, it appears that the present CAW No. 1216/2024 supplying correct address of respondent no. 5 was filed on 12.04.2024 i.e. within four weeks in compliance of the conditional order dated 15.03.2024. However, due to non-placing of the said CAW properly on record, the office has dismissed the matter by putting the Note dated 02.05.2024 against the said respondent in view of the order dated 15.03.2024.

¶5

Thus, there is an error apparent on the face of record in dismissing the petition against respondent no. 5 even though the petitioner had complied the conditional order dated 15.03.2024. In view of this position, office to restore the petition against respondent no.5.

¶6

CAW NO. 1216/2024 IN WRIT PETITION NO. 1898/2023

¶7

//2//

¶8

The order dated 02.08.2024 is hereby recalled as the status of the petition against the said respondent on the date of the order was, as dismissed. Thus order dated 02.08.2024 stands recalled being error apparent on the face of record.

¶9

The concerned staff members are hereby warned to be careful in putting notes while placing the matters on the default Board in future.

¶10

By way of this order, CAW No. 1216/2024 filed for supplying correct address in compliance of the order dated 15.03.2024 is allowed. Necessary amendments be carried out in the cause title of the matter. Thereafter office to issue notice to the aforesaid respondent, returnable within six weeks.

¶11

Office to proceed further.

¶12

(D.P. Satawalekar) Dated:13.09.2024 Registrar (Judicial)

¶13

Signed by: Mr. Bhojraj Pal Designation: Higher Grade Steno Date: 26/09/2024 10:55:09

Ananta Narayanrao Bokde and Others v. State of Maharashtra, Thr. Secretary, Dept. of Education, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

Ananta Narayanrao Bokde and Others v. State of Maharashtra, Thr. Secretary, Dept. of Education, Mumbai and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Coram

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