1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 1414 OF 2010 IN WRIT PETITION NO. 1406 OF 2009 Motiram s/o Sangappa Rawale ...Applicant VERSUS The State of Maharashtra and others ...Respondents ..... Shri G.R.Ingole Patil, advocate for the applicant Shri D.V.Tele, A.G.P. for respondent nos. 1 to 4 Respondent nos. 5 and 6 absent although served ..... CORAM : S.B.DESHMUKH AND SHRIHARI P.DAVARE, JJ. DATED : 22 nd October, 2010 PER COURT : 1 We have heard learned counsel for the respective parties. 2 Leave to amend the present application granted at the request of learned counsel for the applicant. Amendment to be carried out forthwith. 2 3 The applicant has preferred the present application with a request to quash and set aside the order dated 19.3.2009, passed in Writ Petition No. 1406 of 2009 to the extent of the applicant/petitioner and also for restoration of Writ Petition No. 1406 of 2009 and also prays that the applicant be permitted to pay the requisite Bhatta for the respondents. 4 For the reasons stated in the application, we are inclined to allow the present application in the interest of justice. 5 Accordingly, present application is allowed in terms of prayer clauses ‘B’, 'C' and 'E' thereof and the applicant is permitted to pay Bhatta till 29.10.2010 and after payment of Bhatta, Registry to issue notices to unserved respondents, returnable on 29.11.2010 and present application stands disposed of accordingly. (SHRIHARI P. DAVARE, J.) (S.B.DESHMUKH, J.) dbm/ca1414.10