Allowed

Bapurao Marotrao Deshmukh (Dead) Thr. Lrs. v. State of Maharashtra, Thr. the Honble Minister, Ministry of Forest, Mumbai and Others

Bombay HC12 Jul 2024MCA/396/2024

Case brief

AI extract

What is this about?

Applicants sought review of an order disposing of a writ petition that sought expeditious decision of a pending departmental forest appeal. The AGP conceded the earlier statement that the appeal was decided was factually incorrect. The court recalled its earlier order and restored the writ petition.

What did the court decide?

Earlier order dated 12.04.2023 recalled; Writ Petition No. 251 of 2023 restored to the file for hearing.

Bapurao Marotrao Deshmukh (Dead) Thr. Lrs. Vs State of… — Service and Employment | Bombay HC (2024)

¶1

1 1.mca.396.2024

¶2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

¶3

MISC. CIVIL APPLICATION NO. 396 OF 2024 IN WRIT PETITION NO.251 OF 2023

¶4

Shri Bapurao Marotrao Deshmukh (died) thr. LR’s

¶5

..vs..

¶6

State of Maharashtra and ors.

¶7

- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

¶8

¶9

Shri R.R. Gour, Advocate a/w Mrs. A.M. Raut, Advocate for the applicants.

¶10

Shri N.R. Patil, Assistant Government Pleader for the State.

¶11

CORAM: VINAY JOSHI AND M.S. CHANDWANI, J J. DATED : 12/07/2024.

¶12

Heard.

¶13

The applicants are seeking a review of the order of this Court dated 12.04.2023 passed in Writ Petition No.251 of 2023 by which the petition was disposed of on the premise of the statement made by the Assistant Government Pleader.

¶14

Being aggrieved by the order passed by the respondent no.2 The Principal Chief Conservator of Forest (Protection), State of Maharashtra, Nagpur, the petitioner has filed further appeal before the original respondent no.1 the State of Maharashtra. In Writ Petition, the petitioner seeks for directions to the respondent no.1 to expeditiously decide the said pending appeal no.MVS/08/2015/Case No.157/F-6. It appears that on 12.04.2023 the then learned A.G.P. made a submission to this Court that the appeal has been decided on merits. Basing on said submission, this Court

¶15

2 1.mca.396.2024

¶16

has disposed of the writ petition.

¶17

Learned Counsel for the applicant would submit that the statement made in this Court was factually incorrect since the appeal is still pending and is now, kept for hearing on 16.07.2024.

¶18

Learned A.G.P. conceded the position. Apparently, disposal of writ petition was on misstatement, and thus, error has occurred.

¶19

In view of the above, the review application is allowed and disposed of. We hereby recall our earlier order dated 12.04.2023 and restore the writ petition no. 251 of 2023 on the file.

¶20

The matter be placed on 18.07.2024.

¶21

(M.S. CHANDWANI, J.) (VINAY JOSHI, J.)

¶22

Trupti

Bapurao Marotrao Deshmukh (Dead) Thr. Lrs. v. State of Maharashtra, Thr. the Honble Minister, Ministry of Forest, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Bapurao Marotrao Deshmukh (Dead) Thr. Lrs. v. State of Maharashtra, Thr. the Honble Minister, Ministry of Forest, Mumbai and Others

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

Bapurao Marotrao Deshmukh (Dead) Thr. Lrs. Vs State of Maharashtra, Thr. the Honble Minister, Ministry of Forest, Mumbai and Others

Snehadeep Shikshan Sanstha, Bhandara Thr. Secretary Vs Tejram Shivcharan Bisne and Others

The State of Mah. Thr. Pso Ps Nandanwan Nagpur Vs Vivek Gulabrao Palatkar

Peoples Education Society, Thr. Secretary, Shehezadi Begam Abdul Hamid Vs the State of Maharashtra, Thr. Secretary for School Education and Sports Dept., Mumbai and Ors.

Ku. Sarika Bhaskarrao Gawali, Now Sou. Mrunal Ravindra Katolkar Vs the State of Maharashtra, Thr. Secretary, Education and Sports Department, Mumbai and Others

Nikalesh Fakirchand Jounjalkar Vs NTPC Ltd. Mouda, through Its General Manager, Mouda Super Thermal Power Project,Nagpur