Dhondiram Sambhaji Gaikwad And ANR v. The State Of Maharashtra Thru The Chief Secretary, Revenue And Forest Dept. And ORS

26-WP-3501-2023.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION rrpillai WRIT PETITION NO. 3501 OF 2023 Dhondiram Sambhaji Gaikwad and Another ...

Petitioners Vs.

The State of Maharashtra and Others ...

Respondents Mr. Machhindra A. Patil for the Petitioners.

Mr. Shubham H. Misar for Respondent Nos. 4 and 5. Ms. M. S. Bane, AGP for the State.

CORAM : GAURI GODSE, J.

DATE :

19th MARCH 2024 P.C.

1.

This petition takes exception to an order dated 2nd June 2017 passed by the learned Minister for Revenue Department. The petition is filed on 28th November 2022.

2.

Learned counsel for respondent nos. 4 and 5 raises a preliminary objection that the petition suffers from delay and latches. He submitted that the entire petition does not explain as to why the order of 2017 is filed in the year 2022. He further submits that by the Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2024.03.21 11:00:15 +0530 1/2 RAJESHWARI RAMESH PILLAI

26-WP-3501-2023.docx impugned order the learned Minister has set aside the order passed on 28th March 2014 and remanded the matter back to the Deputy Director Land Records.

3.

Learned counsel for respondent nos. 4 and 5 further submits that on the ground of pendency of the petition, no further action is taken by the concerned authority after the order of remand. 4.

I have perused the petition. The petition is bereft of any explanation for filing the order after a period of five years. The petition thus suffers from delay and latches. In absence of any explanation for challenging the order of remand after a period of five years, I do not see any ground to invoke the powers under Article 227 of the Constitution for interfering with the impugned order. 5.

The petition is devoid of merits and hence the petition is dismissed.

[GAURI GODSE, J.] 2/2