Digambar Ashroba Pimpale v. The State Of Maharashtra And Others

2025:BHC-AUG:8390-DB 923-WP-6126-18.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6126 OF 2018 DIGAMBAR ASHROBA PIMPALE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Mahesh P. Kale AGP for Respondents : Mr. D. R. Korde ...

CORAM : S. G. MEHARE & SANDIPKUMAR C. MORE, JJ.

DATE : 19-03-2025 PER COURT:- 1.

Heard both side.

2.

The petitioner is seeking compensation for the land declared surplus in 1981. After 1981, for the first time, as per his contention, he moved an application to the Collector in 2013. Thereafter, another application was made on 28.11.2017. The petitioner should have come before the Court within a reasonable time. Exercising power under Article 226 of the Constitution of India is not a mechanical process. The exercise of the powers should also be pragmatic. The parties seeking relief should satisfy the sufÏcient reason why the petitioner was sleeping over his right since 1981. Seeking direction at any time as per whims of the petitioner is permissible. In the absence of any cogent and satisfactory reason for not initiating the proceeding within a reasonable time, we deem it inappropriate to exercise jurisdiction. The writ petition suffers from delay and latches. Hence, stands dismissed.

[ SANDIPKUMAR C. MORE ] [ S. G. MEHARE ] JUDGE JUDGE rrd