The Executive Engineer Jalgaon Medium Irrigation Project Division 1 v. Vikram Daulat Patil And Others

CA-9563-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9563 OF 2022 IN REVIEW APPLICATION (ST) NO. 18959 OF 2021 IN WRIT PETITION NO. 8541 OF 2016 The Executive Engineer Jalgaon Medium Irrigation Project Division-1, Jalgaon ..APPLICANT

VERSUS

Vikram Daulat Patil and Others ..RESPONDENTS ....

Mr. A.D. Pawar, Advocate for applicant Mr. B.R. Warmaa, Advocate for respondent no.1 Mr. S.B. Yawalkar, Advocate for respondent nos. 2 to 4 ....

CORAM

: MANGESH S. PATIL AND R.G. AVACHAT, JJ.

RESERVED ON : 05th AUGUST, 2022 PRONOUNCED ON : 08th SEPTEMBER, 2022 ORDER ( PER : R.G. AVACHAT, J. ) :

1.

Heard.

2.

There is delay of 514 days in preferring the application for review of order dated 29th January, 2020 passed in Writ Petition No. 8541 of 2016. 1 / 2

CA-9563-22.odt 3.

In terms of Article 124 of the Limitation Act, an application is required to be made within thirty days from the date of order sought to be reviewed. In the case in hand, there is delay of 514 days. The order sought to be reviewed was passed on 29th January, 2020. One month's time for preferring the review was over on 28th February, 2020. It is stated in the application that the authorities concerned had to spend time for obtaining copies of the relevant documents and legal opinion in that regard. Within two months thereafter, i.e. from 15th March, 2020, corona pandemic commenced and there is, therefore, delay in preferring the review application.

4.

The aforesaid reasons appeal to us and we are, therefore, inclined to allow the application. Civil application is allowed in terms of prayer clause (B).

( R.G. AVACHAT, J. ) ( MANGESH S. PATIL, J. ) SSD 2 / 2