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Bombay High CourtCA/13084/2022disposed off

The Chief Executive Officer Zilla Parishad And Another v. Anita Bhujang Wagalgave And Others

2022-10-20Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice S. G. Dige2 pages

{1} CA 13084 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 CIVIL APPLICATION NO.13084 OF 2022 IN RAST/19603/2022 THE CHIEF EXECUTIVE OFFICER, ZILLA PARISHAD AND ANOTHER

VERSUS

ANITA BHUJANG WAGALGAVE AND OTHERS ...

Advocate for Applicants : Mr.Satish S. Manale AGP for Respondent Nos.5 & 6 : Mr.S.G.Sangle Advocate for Respondent Nos.1 to 4 : Mr.A.D.Sonkawade ...

CORAM : RAVINDRA V. GHUGE & S. G. DIGE, JJ.

DATE : 20th October, 2022 PER COURT :- 1.

Delay of 75 days is caused in fling the Review Application. 2.

Issue notice to the respondents. The learned AGP waives service of notice on behalf of respondent Nos.5 and 6. Mr.A.D.Sonkawade, learned Advocate waives service of notice on behalf of respondent Nos.1 to 4 and strenuously opposes this application.

3.

We have considered the submissions of the learned counsel for the respective sides on the delay of 75 days. Considering the law laid down by the Hon'ble Supreme Court in Collector, Land Acquisition, Anantnag and Another Vs. Mst.Katiji and Others

{2} CA 13084 OF 2022 [(1987) 2 SCC 107] and Esha Bhattacharjee Vs. Managing Committee of Raghunathpur Nafar Academy and Others [(2013) 12 SCC 649], the delay is neither deliberate nor inordinate. Same is, therefore, condoned.

4.

Civil Application No.13084 of 2022 is allowed. 5.

Let the Review Application be registered subject to removal of ofce objections and be listed on 8th December, 2022. Reply, if desired, may be fled atleast 10 days prior to the next date. ( S. G. DIGE, J. ) ( RAVINDRA V. GHUGE, J. ) SPT