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2025 DAILYLAW 33658 (BOM)

SIDDHARTH RAMRAO PANDURNIKAR v. THE DEPUTY DIRECTOR OF HEALTH SERVICE REGIONAL HEALTH BHAVAN AND OTHERS

CA/244/2025 · 2025-03-17

Shri S G Mehare, Shri Sandipkumar C More

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Judgment text

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1 23-CA.244-25.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 23 CIVIL APPLICATION NO. 244 OF 2025 IN WP/9528/2024 SIDDHARTH RAMRAO PANDURNIKAR VERSUS THE DEPUTY DIRECTOR OF HEALTH SERVICE REGIONAL HEALTH BHAVAN AND OTHERS ... Advocate for Applicant in CA and Petitioner in WP : Mr. S. S. Kurundkar h/f Mr. Ajay S. Deshpande. AGP for Respondent/s-State : Mr. D. R. Korade. Advocate for Respondent No.4 in WP/Caveator : Mr. S. S. Kulkarni. Advocate for Respondent No.5 : Mr. S. S. Shinde h/f Mr. B. A. Shinde. Advocate for Respondent No.6 : Mr. A. S. Shelke. … CORAM : S. G. MEHARE, AND SANDIPKUMAR C. MORE, JJ. DATE : 17.03.2025 PER COURT :- 1. Heard the respective learned counsels. 2. Writ petition was dismissed for default for not supplying the copies for respondent Nos.1 to 6. It has been contended in the application that the advocate for the petitioner had been to the office atleast a week before the date prescribed for removing office objections. However, initially the matter had 2025:BHC-AUG:7874-DB 2 23-CA.244-25.odt not reached since there were huge number of matters, the objections could not be removed. It has also been submitted that he again visited the office but the matter could not be located. Delay is of 46 days only. Considering the issues involved in the matter, writ petition be restored. 3. Learned counsel for respondent No.4 has filed affidavit- in-reply. He has strongly opposed the application mainly on the ground that reasons for delay are not sufficient. It is a blam upon the officials. The matter could have been easily located for that purpose. The matter was not required for supplying copies. 4. Perused the contents of the application and the affidavit- in-reply of respondent No.4. We are satisfied that the reasons mentioned in the application are probable. Not locating the matter in the office is not the allegation against the officials. 5. We do not find any substance in the submissions of learned counsel for respondent No.4. In the interest of justice, we pass the following order : 3 23-CA.244-25.odt O R D E R (i) Civil application is allowed. (ii) Writ petition is restored to its original file. (iii) Learned counsel Mr. Kulkarni waives service of notice for respondent No.4. Learned counsel Mr. Shinde waives service of notice for respondent No.5. Learned counsel Mr. Shelke waives service of notice for respondent No.6. (iv) Copy of writ petition be provided to them. (v) List the matter for admission hearing on 04.04.2025 in urgent category. (SANDIPKUMAR C. MORE, J.) (S. G. MEHARE, J.) … vmk/-