1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO. 277 OF 2009 IN WRIT PETITION NO. 5266 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Shri N. B. Patil, Asstt. Govt. Pleader for applicants. Shri R. R. Mantri, Advocate for respondents Nos.1 to 3. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. DATE : 21th August 2009. PER COURT : 1. This is application for recalling the Order dated 18-12-2008 passed by this Court vide which the Court had granted further time to file affidavit in reply subject to payment of cost quantified at Rs.10,000/- in each matter, which is to be paid by the Principal Secretary, P.W.D. from his own pocket. 2 2. From the perusal of the averments made in the civil application, it does not appear that there was any intentional act on the part of the respondents in not filing affidavit in reply within prescribed period. On the contrary, it appears that in identical matters, reply was filed on 8-12-2008. Shri Mantri has fairly conceded that in identical matters this Court has already recalled the orders of imposing costs. 3. Civil Application is, therefore, allowed. The Order dated 18-12-2008 in so far as it directs payment of costs of Rs.10,000/- in each matter which is to be paid by the Principal Secretary from his own pocket is recalled. The order shall stand modified to the effect that the costs instead of being paid by the Principal Secretary from his personal pocket, would be paid by the respondents to the petition. 4. It is further clarified that since the costs are already deposited by the State Government, there would be no further necessity to deposit costs. The 3 costs which are already deposited would be treated as costs deposited by the respondents in the petition instead of from the personal pocket of the Principal Secretary. [ N. D. DESHPANDE, J. ] [ B. R. GAVAI, J.] pnk/ca27709