Bombay High Court

BABASAHEB ANANDA MATEversusTHE STATE OF MAHARASHTRA AND ANR

Disposal: DISMISSED
Bench: NEERAJ P DHOTE

Holding

The appeals shall be dismissed if the copies for service to Respondent No.2 are not supplied within one week of the order.

Summary

The petitioners, led by Keru Genu Gadekar, filed multiple first appeals against the State of Maharashtra and others. The High Court noted that copies required for service to Respondent No.2 (the Acquiring Body) had not been supplied, preventing issuance of notice. The court ordered that the copies be supplied within one week, after which notice must be issued and the respondent given two weeks to respond. It further warned that failure to supply the copies within the stipulated period would result in dismissal of the appeals without further reference to the court. The order is procedural, emphasizing compliance with service requirements before the merits can be considered.

Issues considered

Whether the failure to supply copies for service to Respondent No.2 warrants dismissal of the appeals
Whether the court can conditionally dismiss appeals for non‑compliance with service rules

Subjects

service of notice
procedural order
appeal
high court
conditional dismissal

Judgment

                                                    934-FA-1644-2021 to 940.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

             934 FIRST APPEAL NO. 1644 OF 2021

                       Keru Genu Gadekar
                            VERSUS
               The State Of Maharashtra And Anr.
                               …..
                              AND
            935 FIRST APPEAL NO. 1645 OF 2021
            936 FIRST APPEAL NO. 1646 OF 2021
            937 FIRST APPEAL NO. 1652 OF 2021
            938 FIRST APPEAL NO. 1657 OF 2021
            939 FIRST APPEAL NO. 1669 OF 2021
            940 FIRST APPEAL NO. 1671 OF 2021
                               ….
Ms. M. L. Sangit, Ms. B. B. Gunjal, Mr. S. M. Ganachari, Mr. K. N.
Lokhande, Mr. V. M. Chate, AGP for the Respondents – State in
respective matters.
                               …..
                             CORAM : NEERAJ P. DHOTE, J.
                              DATE       :   25.06.2026


PER COURT :

1.    None for the Appellant/s.


2.    These are the Appeals by the Claimants.


3.    The office note shows that, since the copies are not supplied,
notice to Respondent No.2 – Acquiring Body is not issued.


4.    If the copies for service to Respondent No.2 are not supplied
within a period of one (01) week from today, the Appeals shall
stand dismissed without reference to this Court.


                                  1
                                               934-FA-1644-2021 to 940.odt


5.     On supply of the copies within the aforesaid stipulated
period, notice be issued Respondent No.2, returnable two (02)
weeks thereafter.




                                     [NEERAJ P. DHOTE, J.]




Sameer/June-2026




                               2

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