SANJAY KUMAR Vs. UNION OF INDIA
LAWS(BOM)-2017-12-263
HIGH COURT OF BOMBAY
Decided on December 22,2017

SANJAY KUMAR Appellant
VERSUS
UNION OF INDIA Respondents

JUDGEMENT

S. C. Dharmadhikari, J. - (1.) The petitioner has revived this writ petition on the strength of the order dated 27th March, 2015, which recalls an earlier order of 11th November, 2013. The order of the learned Single Judge dated 27th March, 2015 reads as under:- "1 The Civil Application is taken out to recall the order dated 11 November 2013 passed in Writ Petition. The order dated 11 November 2013 reads as follows :- "Learned Counsel for the Petitioner seeks leave to withdraw the Petition with liberty to challenge the order of the Director General, C.R.P.F., New Delhi. 2. The Petition is allowed to be withdrawn with liberty as prayed. 3. Registry to issue an authenticated copy of this order to the learned Counsel for the Petitioner." 2 Petitioner has averred in the present Application that after withdrawing the aforesaid Petition, the Petitioner filed a fresh Petition before the Division Bench of the Delhi High Court and by an order dated 27 March 2014, the Delhi High Court had dismissed the Petition on the ground of Territorial jurisdiction. The Petitioner has, therefore, approached this Court again by way of the present Civil Application for revival of the Writ Petition No.3591 of 2013. 3 Learned Counsel for the Petitioner submitted that it was an inadvertent and unintentional bonafide mistake of the Petitioner in withdrawing the Writ Petition and in view of the order of the Division Bench of the Delhi High Court dismissing the Petition on the ground of Territorial jurisdiction, the order dated 11 November 2013 may be recalled. 4 Having heard the learned Counsel for the parties, in the interest of justice, I am inclined to allow the Civil Application. Hence, the Civil Application is allowed in terms of prayer clause (a). 5 Office to verify and place the Writ Petition before the appropriate Bench."
(2.) After this order, the petition was restored to the file of this court and placed before a Division Bench. On 28th June, 2016, a Division Bench of this court passed the following order:- " Not on board. Taken on Board. Leave to amend to place on record subsequent events/orders. Amendment to be carried out within a period of two weeks. Amended copy be served on the other side. Additional affidavit if any, be filed in advance. Petitioner to file short Synopsis and written submissions by the next date. Stand over 27th July 2016 at 3 p.m."
(3.) In terms of this order and the leave obtained, the petitioner amended the petition on 2nd February, 2017. On the amended petition, we have heard the advocate appearing for the petitioner and the respondents.;


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