The Chief Executive Officer Zilla Parishad Dhule v. Nanabhau Fakira Nhavi And Others

*1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO.7170 OF 2020 IN RAST/17284/2019 THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD DHULE

VERSUS

KRISHNA RAMCHANDRA KATE AND OTHERS ...

AND 924 CIVIL APPLICATION NO.7182 OF 2020 IN RAST/17299/2019 THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD DHULE

VERSUS

NANABHAU FAKIRA NHAVI AND OTHERS ...

AND 927 CIVIL APPLICATION NO.1698 OF 2022 IN RAST/17289/2019 THE CHIEF EXECUTIVE OFFICER ZILLA PARISHAD DHULE

VERSUS

PRAKASH RATAN MALI AND OTHERS ...

Advocate for the Applicant : Shri Desale Nilesh N. AGP for the Respondents/State : Shri P.S. Patil Advocate for the original petitioners : Shri A.S. Sawant ...

CORAM : RAVINDRA V. GHUGE & ARUN R. PEDNEKER, JJ.

*2* DATE :- 19th August, 2022 Per Court :- 1.

Delay of 214, 213 and 214 days in filing the respective Review Applications, has been caused. 2.

The learned AGP and Shri Sawant, the learned advocate, appeared on behalf of the respective respondents. 3.

The learned advocate for the applicant seeks leave to delete respondent No.3 as it is a formal party. Deletion be carried out forthwith at the risk of the applicant.

4.

We have considered the submissions of the learned advocates appearing for the parties and especially the strenuous objection raised by Shri Sawant to the Civil Applications contending that the delay is not properly explained. Laxity on the part of the applicant would require rejection of the applications. 5.

We have considered the pleadings set out in the Civil Applications and the submissions of the learned counsel. Keeping in view the law laid down by the Honourable Supreme Court in Collector, Land Acquisition, Anantnag v/s Mst.Katiji, AIR 1987 SC 1353 and Esha Bhattacharjee v/s Managing Committee of Raghunathpur Nafar Academy, (2013) 12 SCC 649, we do not find that the delay could be branded as being

*3* inordinate or deliberate.

6.

In view of the above, the Civil Applications are allowed and the delay is condoned.

7.

List the Review Applications after registration subject to the removal of all office objections, on 15.09.2022. kps (ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.)