3-MCA241.22.odt

1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

M.C.A. NO. 241 OF 2022

IN

WRIT PETITION NO. 4583 OF 2021 (D)

Sanjay Thavra Jadhav

-Vs.-

Additional Commissioner, Amravati and others

----------------------------------------------------------------------------------------------------------------------

Office notes, Office Memoranda of

Coram, appearances, Court's orders

Court's or Judge's Orders.

or directions and Registrar's orders.

----------------------------------------------------------------------------------------------------------------------

Mr.K.S.Narwade, counsel for the applicant/petitioner.

Mr.D.P.Thakare, Addl.G.P.for respondent Nos.1 to 6.

CORAM : MANISH PITALE

, J

.

DATE : 28.04

.20

22

This is an application seeking restoration of the

writ petition, which stood dismissed as per order dated

07/01/2022.

2.

By the said order, this Court had directed that if

service of notice on respondent No.8 was not effected

within four weeks from the date of the order, the

petition would stand dismissed without further

reference to the Court.

3.

By way of this application, it is clarified on

behalf of the applicant/original petitioner that although

service was indeed effected within the period of four

weeks as directed by this Court, the proof of the same

could not be placed on record, as result of which, the

Registry has treated the petition as dismissed in terms of

the order dated 07/01/2022.

KHUNTE

3-MCA241.22.odt

2/2

4.

This Court has perused the documents filed

along with the application. It is found that on

24/01/2022, the registered post parcel sent to

respondent No.8 was indeed delivered on 24/01/2022

as per the tracking report issued by the Postal

Department. This shows that there was compliance with

the said order dated 07/01/2022, but the applicant

could not place the proof on record within time, as a

result of which, the writ petition has been treated as

dismissed without reference to the Court.

5.

In view of the above, the application is allowed

and disposed of. The writ petition is restored to file.

6.

In view of restoration of the writ petition, it

would be appropriate to issue fresh notice to the

respondents.

7.

Accordingly, issue fresh notice, returnable in six

weeks.

8.

Learned Additional Government Pleader Shri D.

P. Thakare waives notice on behalf of respondent Nos.1

to 7.

9.

Insofar as respondent No.8 is concerned, the

applicant/petitioner is permitted to additionally serve

the said respondent by R.P.A.D., e-mail, whatsapp and

other such modes of communication.

JUDGE

KHUNTE

Signed By:GHANSHYAM S

KHUNTE

Signing Date:29.04.2022 11:24