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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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