( 1 ) IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 2169 OF 2010 Prafulla Yadavrao Borse PETITIONER VERSUS Sau. Lilabai Yuvraj Patil (Bhamare) and others RESPONDENTS .... Mr. S.S. Patil, advocate for the petitioner. Mr. N.H. Borade, AGP for respondents No. 3 and 4. .... [CORAM : V.R. KINGAONKAR, J.] [DATE : 15th June, 2010] PER COURT : 1. By consent, the petition is being disposed of in following terms : 2. The petitioner’s appeal preferred vide appeal No. 83/2009 before the Additional Divisional Commissioner, Nasik, was dismissed in default. The grievance of the petitioner is that thereafter he presented an application for restoration of the appeal, but the office of the learned Additional Divisional Commissioner refused to accept the said application. ( 2 ) 3. The oral order regarding refusal to accept the restoration application is set aside. The Additional Divisional Commissioner, Nasik is directed to accept the restoration application filed by the petitioner and to decide the same on its own merits, independently, without being influenced by the present petition and the directions herein. The application may be accepted within period of two (2) weeks from receipt of the order and may be disposed of at the earliest. The present petition is accordingly disposed of. No costs. [V.R. KINGAONKAR] JUDGE NPJ/wp2169-10