1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO.3739 OF 2009 Sahebrao Bhagwan Andhale Age : 60 years, Occ : Agriculture, R/o Pimpla (Rui), Tq.Wadwani, Dist. Beed. ..Petitioner -VERSUS- 1. Bhujang Narhari Andhale Age : Major, Occ : Agriculture, R/o Pimpla (Rui), Tq.Wadwani, Dist.Beed. 2. Shaikh Babumiyan Shaikh Dagdu Age : Major, Occ : Agriculture, R/o Pimpla (Rui), Tq.Wadwani, Dist. Beed. 3. Shaikh Noor Shaikh Dagdu Age : Major, Occ : Agriculture, R/o Pimpla (Rui), Tq. Wadwani, Dist. Beed. 4. The State of Maharashtra Through the Additional Commissioner, (Revenue), Aurangabad Division, Aurangabad (Copy to be served upon the Govt. Pleader, High Court of Bombay Bench at Aurangabad). ..Respondents ......... Mr.P.D. Bachate, Advocate for petitioner. Mr.R.V. Deshmukh, Advocate for respondent no.1. Mr.T.S. Lodhe, A.G.P. for respondent no.4. ........ (CORAM : R.K. DESHPANDE,J.) DATE : 15th June, 2010. 2 ORAL JUDGMENT : 1. This Writ Petition challenges the order dated 21.08.2008 passed by the learned Additional Commissioner, Aurangabad Division, Aurangabad, dismissing the application for restoration of revision, which was dismissed on 29.12.2007. The application for restoration has been dismissed on the ground that the certificate has not been annexed and that the Advocate had no interest to prosecute the matter. 2. Notice in this matter was issued on 20th August, 2009 for final disposal of the matter. Shri.R.V. Deshmukh, learned counsel appears for respondent no.1. The respondent nos.2 and 3 though served, none appears for them. Hence, by consent of the learned counsel for the parties, the matter is heard finally, in view of the earlier order and no fresh notices are required to be issued to respondent nos.2 and 3. 3. The revision was dismissed in default on 29.12.2007. The restoration application was filed on 16.07.2008. The reasons are stated in the application for restoration. After going through the contents of the application and after hearing the parties, I am satisfied that the case is made out for restoration of the matter. The learned Additional Commissioner has committed error in rejecting 3 the application. There was no reason to disbelieve the version of the petitioner. 4. In the result, instant petition succeeds. The order dated 21.08.2008 passed by the learned Additional Commissioner, Aurangabad Division, Aurangabad is hereby quashed and set aside. The revision is restored to file and the learned Additional Commissioner, Aurangabad Division, Aurangabad is directed to decide the same on its own merits. Rule is made absolute in the aforesaid terms. No order as to costs. (R.K. DESHPANDE) JUDGE gas/wp3739.09