Bombay High Court
CHANDRAKANT DADASAHEB DEVKATEversusSTATE OF MAHARASHTRA THR ITS SECRETARY SCHOOL EDUCATION AND SPORT DEPT. AND ORS
- Disposal
- Disposed Off
Holding
The order of dismissal against Respondents 6 and 7 is recalled and the respondents are directed to supply spare copies within a week.
Summary
The petitioner, Chandrakant Dadasaheb Devkate, filed an interim application seeking recall of the High Court's order dated 18 November 2022 that dismissed the writ petition against Respondents 6 and 7 for failure to supply spare copies. The petitioner argued that the dismissal was erroneous because the respondents had not been given an opportunity to produce the required copies. The Court examined the procedural lapse and found merit in the petitioner's claim. Consequently, the Court recalled the dismissal order concerning Respondents 6 and 7. It directed that the spare copies be supplied to the Registry within one week and that a fresh notice be issued to the respondents, with a return date of 5 October 2026. The interim application was therefore allowed.
Issues considered
- Whether the order dismissing the petition against Respondents 6 and 7 for non‑supply of spare copies should be recalled
Subjects
- interim relief
- recall of order
- spare copies
- procedural compliance
- writ petition
Judgment
2026:BHC-KOL:8006-DB
4-IA-1211-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 1211 OF 2026
IN
WRIT PETITION NO. 10142 OF 2022
Chandrakant Dadasaheb Devkate ...Applicant/
Petitioner
Versus
State Of Maharashtra Thr Its Secretary School ...Respondents
Education And Sport Dept. And Ors
——————
Mr. Manoj Harit (through VC), for the Petitioner.
Ms. Tejas Kapre, AGP for the Respondent-State.
——————
Coram : SHARMILA U. DESHMUKH &
NEERAJ P. DHOTE, JJ.
Date : AUGUST 25, 2026
P. C. :
1. Interim Application has been preferred seeking the recall of the
order dated 18th November, 2022, by which the Petition was dismissed
against Respondent Nos. 6 and 7 for the non-supply of spare copies.
2. For the reasons stated in the application, the order of dismissal as
regards Respondent Nos. 6 and 7 is recalled.
3. Let spare copies be supplied in the Registry within a period of one
week from today. Upon spare copies being supplied, re-issue notice to
Respondent Nos. 6 and 7 returnable on 5th October, 2026.
4. Interim Application is allowed.
[NEERAJ P. DHOTE, J.] [SHARMILA U. DESHMUKH, J.]
Arya Chavan 1 of 1
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