1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR MISC.CIVIL APPLICATION NO.598 OF 2007 in WRIT PETITION NO. 6637 OF 2005 (Rajkumar S/o Kaladharrao Garode V/s State of Mah. thru Secretary, Tribal Development Deptt.) ------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. ------------------------------------------------------------------------------------------- CORAM : J.P.DEVADHAR & B.P.DHARMADHIKARI, JJ. DATE : 04th July, 2007 Heard Advocate Shri S.R.Narnaware for petitioner, learned AGP for respondents No.1, 3 & 4 and Advocate Shri Sambare for respondent No.2. During hearing, learned AGP has pointed out that by order dated 02/6/2005, the petitioner has already been terminated because of invalidation of caste claim, He has also produced a copy of said order on record and also given its copy to Advocate Shri Narnaware. Advocate Shri Narnaware states that the petitioner has yet not received the termination order. For the reasons given in the application, the order dated 30/3/2007 dismissing Writ Petition No. 6637 of 2005 in default is hereby recalled, subject to payment of cost of Rs.750/- to the High Court Legal Aid Sub Committee, 2 Nagpur within a period of three weeks from today. The said writ petition cannot be taken up for further consideration because Advocate Shri Narnaware is seeking time to amend it to incorporate the challenge to termination pointed out by learned AGP, if it had already taken place. Officer, therefore, to restore the Writ Petition No. 6637 of 2005 in case the costs are so paid for further consideration thereafter. JUDGE JUDGE PDiwale