← Library
Bombay High CourtCRA/153/2014disposed offdismissed for default

Dhanraj Ruprao Mane v. The State Of Maharashtra

2015-03-24Hon'Ble Shri Justice M.T. Joshi2 pages

1 CRA No.153/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL REVISION APPLICATION NO. 153 OF 2014 Dhanraj S/o Ruprao Mane .. Applicant Vs.

The State of Maharashtra .. Respondent ---- Mr. G.K. Sontakke and Smt. P.G. Sontakke, Advocate for the applicant Mr. V.P. Kadam, A.P.P. for the respondent / State ---- CORAM : M.T. JOSHI, J.

DATE : 24/03/2015 ORAL ORDER :

1.

Heard Smt. Sontakke.

2.

The record would reveal that on 15.10.1998, the reference application of the present applicant was dismissed as the requisite court fees was not paid. Now, in 2014, by the present civil revision application the applicant wants to again revive the same by asking the present Court to quash and set aside the said order and remand the case.

3.

In fact, it was a rejected petition. Merely because enhancement was granted in some other cases in which the land owners were diligent enough and when in

2 CRA No.153/2014 all probabilities, in view of the rules and regulations, even the record and papers of the present matter might have been destroyed by the concerned Court, no reasons are made out for allowing the revision application. 4.

Learned counsel for the applicant relies on the ratio of unreported Judgment of the Supreme Court dated 25th November, 2013 in the case of "Manoharan Vs. Sivarajan and others" (Civil Appeal No.10581/2013). However, taking into consideration the facts of the present case, no case is made out.

5.

The Revision Application is therefore dismissed.

[M.T. JOSHI] JUDGE arp/