IN THE HIGH COURT OF JUDICATURE AT

BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION(RESTORATION) NO.--OF 2022
IN
WRIT PETITION (L) NO. 796 OF 2020
DISTRICT: NASHIK

IN THE MATTER OF.

D.Ed.A.T.D.A.M PADHVIDHAR MADHYAMIC
SHIKSHAK SANGH MAHARASHTRA THROUGH ITS
PRESIDENT

PETITIONER
VERSUS
STATE OF MAHARASHTRA & ORS.
RESPONDENTS

In the matter of under Article 226

of the Constitution of India,

AND

In the matter of dismiss in default

of the writ petition (L) No. 796 of

2020 order dated 01.12.2022.

AND
 In the matter of that the

petitioner has not received the

information due to residing in

remote area of village and failed to

approached his counsel.

D.Ed.A.T.D.A.M Padhvidhar Madhyamic

Shikshak Sangh Maharashtra Through

Its Presidents Bhaskar Ek Nath Kale

Aged About 62 Years Occupation Retd.

Teacher Now Residing At Erandgaon

Taluqa Yeola District Nashik-423401.

Petitioner

Versus

1. State of Maharashtra through Its

Education Secretary School Education

and Sports Department, Government of

 Maharashtra, Mantralaya Annex

Mumbai.

2. Maharashtra State Secondary and

Higher Secondary Education, through its

chairman, Survey No. 832-A final. Plot

No. 178 & 179 Nearby, chitrawani

behind agharkar institute Bhamburda,

Shivaji Nagar Pune – 401004

Maharashtra.

3. Maharashtra State Secondary and

Higher Secondary Education, through its

secretary, Survey No. 832-A final. Plot

No. 178 & 179 Nearby, chitrawani

behind agharkar institute Bhamburda,

Shivaji Nagar Pune – 401004

Maharashtra.

Respondents

AND

D.Ed.A.T.D.A.M Padhvidhar Madhyamic

Shikshak Sangh Maharashtra Through Its
Presidents Bhaskar Ek Nath Kale Aged About
63 Years Occupation Retd. Teacher Now
Residing At Erandgaon Taluqa Yeola District-
Nashik-423401.
Petitioner/applicant

AN APPLICATION UNDER SECTION 151 OF

THE CODE OF CIVIL PROCEDURE CODE
1908 READ WITH ARTICLE 226 OF THE
CONSTITUTION OF INDIA TO RESTORE
THE WRIT PETITION (L) NO. 796 OF 2020
WITH PREVIOUS PAPERS ON BEHALF OF
THE PETITIONER NAMELY BHASKAR EK
NATH KALE IN THE ABOVE SAID MATTER.

TO,

THE HONOURABLE THE CHIEF JUSTICE

AND THE HON’BLE PUISNE JUDGES OF

THE HON’BLE HIGH COURT OF

JUDICATURE AT BOMBAY

THE HUMBLE PETITION

OF THE PETITIONER

ABOVENAMED
MOSTREESPECTFULLY SHEWETH:

1. That the petitioner has filed the above said

writ before this Hon’ble court in

compliance of the order passed by the

Hon’ble Supreme Court on dated

27.01.2020.

2. That the petition has listed first time on

08.04.2021 for the hearing wherein the

Hon’ble court observed that

“the petition has filed by the an

unregistered organization. Details of 176

individuals are given in the petition. The

petition is not a public interest petition.

Even assuming 176 individuals have filed

this as a joint petition appropriate court

fees will have to be paid.”

“Registry to examine the aspect of court

fees. All office objections to be removed

before the next date”

 In terms of the above order the

petitioner is regularly working for the

collection of money since 08.04.2021 but

the all members of the organization are

not in position to give money for the court

fee till date. They all are trying to collect

from everyone of the said group.

3. That the petitioner, because of the

deficiency of funds could not approached

to the concerned advocate of the case as

the petitioner is residing in remote area in

a village of Nashik. The distance between

Mumbai and the village Erandgaon in so

long approx. 250 Km. that’s why he failed

to approach his advocate.

4. That the petitioner failed to approach his

advocate due to deficiency of funds and

failed to get the information from the

advocate that the matter is in board for

 hearing on 13.07.2022 thereafter

the matter stand over for 07.09.2022 but

the petitioner have information about the

hearing of case is going as he has no funds

to give fee to his Advocate.

5. That the above said case is taken up for

the hearing on 01.12.2022 for hearing but

as the above submitted by the petitioner

that because of shortage of funds he failed

to approach his counsel.

6. That the counsel for the petitioner has

informed to the petitioner on 03.12.2022

for the hearing of the case and told that

the matter was on board for hearing but

because you have not able to deposit the

required court fee still for the above said

matter, the Hon’ble court has passed an

order as below:
 “None for the petitioner. This court on

8th april 2021 recorded that the petitioner

must deposit the court fee in relation to 176

individuals on whose behalf the cause is

being espoused in the petition there

appears to be no compliance till date apart

from the above, consistently on last two

occassions, none had appeared for the

petitioner, hence dismissed for want of

prosecution”

The copy of the order dated 01.12.2022 is

marked and filed herewith as Exhibit - A

7. That the petitioner has received the shock

as heard that the Hon’ble court has

dismissed the case for default as none

appears for the above said case.

8. That the Petitioner is filling this

application to restore the case of the

petitioner as the nonappearance of the

petitioner neither willful nor deliberate.

9. That the petitioner in view of

the above facts and circumstances,

prayed to this Hon’ble court to restore the

case with previous papers as the default

in appearance neither willful nor

deliberate.

10. That the petitioner further undertakes

that the petitioner within a week removed

all office objections and clear the issues of

the court fee.

PRAYER

In the interest of justice it is most

respectfully prayed that this Hon'ble

Court may be pleased to:

A) To restore the Writ Petition (L) No. 796 of

2020 with previous papers.

B) Pass such other order or orders as this

Hon'ble Court may deem fit and proper in

 the facts and circumstances of the

present case;

AND FOR THIS ACT OF KINDNESS THE PETITIONERS

SHALL EVER PRAY AS DUTY-BOUND

Mumbai dated this 7th day of December, 2022

Advocate for the Petitioner Petitioner

A&S Jurisprudentia
(Advocates & Solicitors)
A.K. Dwivedi
Advocate for Petitioners
3rd floor, Modi House Bora Bazar
Fort, Mumbai-400001
Tel No. 022-49648268
Mob No.7007517505
Email:-aandsjurisprudentia@gmail.com
Adv Code: I-31697

VE R I FI CA TI ON

I, Bhaskar Ek Nath Kale S/o Late Eknath

Rajaram Kale R/o Occupation Retd. Teacher

Now Residing At Erandgaon Taluqa Yeola

District Nashik-423401, the Petitioner above

named, do hereby solemnly declare that

what is stated in paragraph 1 to 10 of the

Petition are true and correct and what is stated

in the remaining paras on information and

legal submission and believe which I believe

the same to be true and correct.

Solemnly declared at Mumbai )

On this 5th day of December, 2022 )

Petitioner

Advocate for the Petitioner BEFORE

ME:
 IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (RESTORATION) NO. ---OF
2022
IN
WRIT PETITION (L) NO. 796 OF 2020
DISTRICT: NASHIK

IN THE MATTER OF.

D.Ed.A.T.D.A.M PADHVIDHAR MADHYAMIC
SHIKSHAK SANGH MAHARASHTRA THROUGH ITS
PRESIDENT
PETITIONER
VERSUS
STATE OF MAHARASHTRA & ORS.
RESPONDENTS

INTERIM APPLICATION(RESTORATION)

Dated this 5th day of December, 2022

A&S Jurisprudentia
(Advocates & Soliciotrs)
A.K. Dwivedi
Advocate for Petitioners
3rd floor, Modi House Bora Bazar
Fort, Mumbai-400001
Tel No. 022-49648268
Mob No.7007517505
Email:-aandsjurisprudentia@gmail.com
Adv Code: I-31697
 IN THE HIGH COURT OF JUDICATURE AT
BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (RESTORATION) NO.-OF 2022
IN
WRIT PETITION (L) NO. 796 OF 2020
DISTRICT: NASHIK

IN THE MATTER OF.

D.Ed.A.T.D.A.M PADHVIDHAR MADHYAMIC
SHIKSHAK SANGH MAHARASHTRA THROUGH ITS
PRESIDENT
PETITIONER
VERSUS
STATE OF MAHARASHTRA & ORS.
RESPONDENTS
I N DEX
Sr.No. Particulars Page
No.
1. Proforma
2. InterimApplication(Restoration)
3. Exhibit – A
Order dated 01.12.2022
Last Page

Advocates for Petitioner

A&S Jurisprudentia
(Advocates & Solicitors)
A.K. Dwivedi
Advocates for Petitioner
3 floor, Modi House Bora Bazar
rd

Fort, Mumbai-400001
Tel No. 022-49648268
Mob No.7007517505
Email:-aandsjurisprudentia@gmail.com
Adv Code: I-31697