Mr. Francis Alex Mendonza (Decd Thru Lhrs) And ORS v. The State Of Maharashtra Thru Revenue Dept. And ORS

2023:BHC-AS:18254 22-WP-10068-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 10068 OF 2023 Francis Alex Mendonza ( since deceased through legal heirs) and ors.

...Petitioners

Versus

The State of Maharashtra Through Revenue Department and ors.

...Respondents

.........

Mr. Pradeep Thorat a/w Ms. Aditi Naikare for the Petitioner. Ms. V. S. Nimbalkar, AGP for the State- Respondent No. 1. .........

CORAM : N.R. BORKAR, J.

DATED : 17 AUGUST 2023 P.C. :- This petition, which is filed on 9 June 2023 takes exception to the order passed by the State Government dated 19 September 2018. 2.

The petitioner's only explanation for filing petition after about five years reads thus:

"13.

The Petitioner states that after gaining knowledge of the Order dated 19th September, 2018 passed by the Learned Minister (Revenue), State of Maharashtra in Revision No. 2618/M. No. 22/J-3 (Old Revision No. RTS/2698/M.No. 445/ L6) they immediately filed the present Writ Petition and hence the present Petition does not suffer from any delay or laches."

MJ Jadhav 1 / 2

22-WP-10068-23.odt 3.

It appears that revision petition before the State Government was filed by the petitioners only and therefore, there arises no question of filing petition immediately after gaining knowledge of the impugned order. Apart from it, a vague statement is made without any particulars. The petition thus suffers from the delay and laches and the same is dismissed. ( N.R. BORKAR, J. ) MJ Jadhav 2 / 2