Ramesh Keshavrao Deshmukh v. The District Collector, Ahmednagar And Others

CA 13683/15 in RA __ in WP 3091/08 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13683/2015 IN REVIEW APPLICATION NO. /2014 IN WRIT PETITION NO.3091/2008 Ramesh Keshavrao Deshmukh.

...Applicant..

Versus

The District Collector, Ahmednagar & others.

...Respondents...

.....

Shri A.N. Nagargoje, Advocate for applicant.

Smt.M.A. Deshpande, AGP for respondent nos.1 to 4. .....

CORAM: R.D. DHANUKA & SUNIL K. KOTWAL, JJ.

DATE: 27.09.2017 ORDER :

1] By this civil application, the applicant seeks condonation of delay of 1168 days in filing the present review application.

2] The applicant had filed Civil Application No.9730/2012 inter-alia praying for modification or recalling of the order dated 4.7.2011 passed by this Court in Writ Petition No.3091/2008. The said civil application was disposed of by order dated 30.9.2014

CA 13683/15 in RA __ in WP 3091/08 - 2 - thereby granting liberty to the applicant to file review application. The applicant thereafter within 30 days from the date of the said order filed review application. In this process, there is delay of 1168 days in filing review application.

3] No affidavit in reply is filed.

4] We have heard learned counsel appearing for the parties and have perused the explanation given in paragraph nos.3 and 4 of the civil application. 5] We are satisfied that the delay occurred in view of pendency of the civil application filed by the applicant for modification of the order dated 4.7.2011, which came to be disposed of only on 30.9.2014.

6] The Civil Application No.13683/2015 is allowed and made absolute in terms of prayer clause (A). There shall be no order as to costs.

7] Place the Review Application on Board for admission on 6.11.2017.

(SUNIL K. KOTWAL, J.) (R.D. DHANUKA, J.) ndk/c279176.doc