Rajaram Vishnu Gosavi And Another v. Sub Divisional Officer, Ahmednagar And Others

3534.15wp -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3534 OF 2014 Rajaram s/o Vishnu Gosavi, Age: 45 years, Occu: Service, R/o. Devgalli, Puntamba, Tq. Rahata, Dist. Ahmednagar & anr.

...Petitioners

versus The Sub Divisional Officer, Shirdi, Tq. Shirdi, Dist. Ahmednagar & ors.

...Respondents

.....

Mr. N. V. Gaware, Advocate for petitioners Mr. A. V. Deshmukh, A. G. P. for respondent/State Mr. S. B. Kadu, Advocate for respondent Nos. 2 and 3 .....

CORAM : N.W. SAMBRE, J.

DATE : 26th NOVEMBER, 2015 ORAL ORDER :

By non-speaking order, Sub-Divisional Officer, Shirdi Division, Shirdi in RTS/Revision/Tenancy No. 30/2014 has ordered condonation of delay, which is impugned in the present petition. 2.

It is settled position of law that the authority, who exercises the powers while condoning the delay, must give reasons as reasons are link between the issue that is considered and application of mind by the authority. In absence of any reasons in the impugned order, in my opinion, the same is not sustainable. As such,

3534.15wp -2the order dated 02/12/2014, condoning the delay in RTS/Revision/Tenancy No. 30/2014, is hereby quashed and set aside. It is directed that, Sub-Divisional Officer, Shirdi Division, Shirdi to hear the parties and pass appropriate order. [ N.W. SAMBRE, J. ] Tupe/26.11.15