1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.278/2009 IN WRIT PETITION NO.5452/2008 The Secretary,P.W.D.Mantralaya Mumbai & Ors .. PETITIONERS VERSUS Haribhau Laxman Ghodke .. RESPONDENT .... Shri N.B.Khandare,Govt,Pleader for applicant. Shri D.S.Bharuka h/f Shri R.R.Mantri,Adv.for respondent. .... CORAM : P.V.HARDAS & R.K.DESHPANDE,JJ. DATE : 17/06/2009 ORAL ORDER : This is an application seeking recall of the order of this Court dated 18/12/08, by which costs of Rs.10,000/- came to be imposed on the Member Secretary, Public Works Department, as no affidavit in reply had been filed. It may be noted that pursuant to this order, an amount of Rs.10,000/- has been deposited by the applicant in this Court. 2 2. We have heard learned Government Pleader in support of this application and the learned counsel for the respondents i.e. Original petitioner. For the reasons which are stated in the application, application is allowed. The order of this Court to the extent of imposing costs of Rs.10,000/- on the Member Secretary, Public Works Department, is recalled. The amount of costs deposited by the applicant in this Court pursuant to the said order dated 18/12/2008 be refunded to the applicant. The applicant is therefore, permitted to withdraw the aforesaid amount. 3. Civil Application is allowed as indicated above with no order as to costs. [R.K.DESHPANDE] [P.V.HARDAS] JUDGE JUDGE umg/ca278-09