07.03.cao.267.17

1

IN THE COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR

CIVIL APPLICATION (O) NO. 267/2017

&

MISC.CIVIL APPLICATIN (ST) NO. 2250/2017

IN

WRIT PETITION NO. 1235/2016

(Pravin Namdeorao Randai vs. The State of Maharashtra and others )

...........................

...............................................................................................................................

Office Notes, Office Memoranda of

Coram, appearances, Court's orders Court's or Judge's order

of directions and Registrar's orders

..............................................................................................................................................

Shri V.D.Vora, Adv. for petitioner/applicant

Mr.P.S.Tembhre, AGP for respondent nos. 1 to 3

CORAM : B.P. DHARMADHIKARI &

MRS. SWAPNA JOSHI, JJ.

D ATED

: 7^th March, 2017.

Writ Petition No.1235/2016 came to be dismissed in

default on 15^th November 2016 as nobody appeared for

petitioner on three earlier dates.

Challenge in Writ Petition is to order of Scrutiny

Committee invalidating caste claim and the petitioner was

admitted for final hearing.

MCA (St) No. 2250/2017 is taken out for restoration of

that Writ Petition. As there is delay of about 47 days in moving

that application, CA(O) No.267/2017 is taken out for

condoning it. In application for condonation of delay, it is

mentioned that the counsel for petitioner was having fever

and, therefore, could not remain present on 15.11.2016 when

Writ Petition was dismissed in default. It is claimed that

petitioner was present but could not intervene in court

proceedings.

07.03.cao.267.17

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Learned AGP appearing for respondents is seeking time to

verify these facts.

However, considering the nature of controversy as we do

not see any mala fides, we allow the Civil Application. Registry

to register M.C.A..

For same reasons, the order dated 15.11.2016 is

recalled and Writ Petition No. 1235 /2016 is restored back to

file.

Learned A.G.P. waives notice for respondents in Writ

Petition after its restoration

JUDGE

JUDGE

sahare