IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2660 OF 2009 IN WRIT PETITION NO. 2479 OF 1995 1. The Executive Engineer, Mechanical Divn. & ors. ....Applicants vs Maharashtra Rajya Veej Patbandhare Kamgar Sangh ....Respondent Mr. A.P. Vanarse, AGP, for the Applicants. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 25TH JANUARY, 2010. P.C. :- 1. The Civil Application is to set aside a self-operative order dated 11th August, 2004 directing the Petitioner to take steps to serve the unserved Respondent within two weeks. It appears that the Petitioner had, throughout the relevant period, kept in touch with the office of the Government Pleader (Writ Cell). Correspondence regarding the same is also referred to in the above Civil Application. Reference is made, for instance, to letters dated 26th September, 2006, 29th April, 2008 and 21st October, 2008. The letter dated 21st October, 2008, however is, obviously through inadvertence, not annexed. The Petitioner had also deputed officers to attend to the matter. These officers, accordingly, attended the office of the Government Pleader on 7th May, 2009 when they were informed that the writ petition had been dismissed for non prosecution. 2. In these circumstances, though the delay in filing the Civil Application is considerable, I am inclined to condone the delay. Considering the issue involved also, it is necessary that the matter be decided on merits. 3. In the circumstances, civil application is made absolute in terms of prayer (a) and (b). The writ petition is restored. The same shall be placed for admission after four weeks. The Petitioner shall, however, issue fresh notice regarding this order upon the Respondent forthwith. The Petitioner shall pay the Respondent, costs fixed at Rs.5,000/- within four weeks from today.