Shaikh Rasid Shaikh Amin v. Keshav Daulat Bhise And Others

2025:BHC-AUG:5659

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 WRIT PETITION NO. 4169 OF 2024 SHAIKH RASID SHAIKH AMIN

VERSUS

KESHAV DAULAT BHISE AND OTHERS Mr. M. K. Deshpande, Advocate for the petitioner Mrs. M. N. Ghanekar, AGP for the respondent/State Mr. S. G. Kawade, Advocate for respondent Nos.1, 4 and 6.

CORAM

: R. M. JOSHI, J.

DATE : 27th FEBRUARY, 2025 PER COURT :- 1.

This petition takes exception to the order dated 03/01/2024 passed by respondent No.7-Sub-Divisional Officer, whereby the entertainment of Review Application filed by the petitioner is refused. 2.

Learned counsel for the petitioner submits that for limited purpose this petition has been filed to direct the respondent No.7 to decide the Review Application filed by the petitioner in accordance with law. It is his contention that it was not open for respondent No.7 not to entertain the application though it was open for the said authority to decide the same either way.

3.

Learned counsel for the contesting respondent and learned AGP support the impugned order. It is the submission of the learned 920.wp4169.24.odt

counsel for the contesting respondent that the Review Application is not maintainable as the petitioner was not party to the original proceedings. 4.

Even if the contention of the learned counsel for the contesting respondent is accepted, it was not open for respondent No.7 to refuse entertainment of the Review Application. Outcome of the said Review Application is immaterial. However, since the said application is not considered at all, this Court finds it appropriate to direct respondent No.7 to entertain the said application.

5.

Having regard to the nature of issue involved in this case, respondent No.7 to decide the said application within a period of eight

(08) weeks from today. Parties are directed to appear before respondent No.7 on 3rd March, 2025. No separate notice is required to be issued for hearing.

6.

In view of this, petition is allowed in above terms. (R. M. JOSHI, J.) ssp 920.wp4169.24.odt