Mahindra Bhimrao Suryawanshi v. The State Of Maharashtra Through The Secretary, Tribal Development Dept. And ORS

2023:BHC-AS:28660-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 3675 OF 2020 IN REVIEW PETITION (ST) NO. 5587 OF 2020 IN WRIT PETITION NO. 8663 OF 2010 Mahindra Bhimrao Suryawanshi ...

Applicant V/s.

State of Maharashtra and Ors.

...

Respondents ------------------- Ms. Anita Gavkar, I.by Mr. S.C. Yeramwar for review petitioner/applicant.

Ms. S.S. Bhende - AGP for State.

--------------------- CORAM : SUNIL B. SHUKRE & FIRDOSH P. POONIWALLA, JJ DATE : 29th SEPTEMBER 2023.

PC:

1.

Heard.

2.

The delay is sought to be explained on the basis of the law subsequently laid down by the Hon'

ble Supreme Court in the case of '

Anand Katole Vs. Committee for Scrutiny Committee and Verification of Tribe Claim1 and in the case of '

Jaywant Dilip Pawar Vs. State of Maharashtra and Ors' in Civil Appeal No. 2336 of 2011 dated 08.03.2017. However, on going through the order sought to be reviewed, we find that it has already taken into consideration the 1(2011 (6) Mh.L.J. (SC) 919) 12-ia-3675-2020.doc varsha

requirements of law as laid down in the said cases by considering all the facts and circumstances of the case including the relevant documents. Therefore, we do not think that, now the petitioner could be said to have shown any sufficient cause for condoning the delay in the matter. Even otherwise the law which is said to be relevant for dealing with the petitioners case is of the years of 2011 and 2017 respectively. But this petition has been filed in July 2020 after a period of about more than three years for which there is no satisfactory explanation given by the petitioner. The delay condonation application is, therefore, rejected.

3.

Review petition therefore, cannot be entertained by this Court.

(FIRDOSH P. POONIWALLA, J) (SUNIL B. SHUKRE, J) 12-ia-3675-2020.doc varsha