The State Of Maharashtra Through Its Secretary And Others v. Shridhar Jakhuji Darekar And Others

901-ca-2351-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2351 OF 2023 IN RAST/26368/2022 IN WP/5400/2018 The State of Maharashtra and Others ...Applicants

Versus

Shridhar Jakhuji Darekar and Others

...Respondents

...

Mr. S.G. Karlekar, AGP for Applicants/State.

Mr. S.T. Shelke, Advocate for Respondent No.1. Mr. V.S. Bedre, Advocate for Respondent No.4. ...

CORAM : RAVINDRA V. GHUGE & S.G. MEHARE, J.J.

DATED : 23rd FEBRUARY, 2023 PER COURT.:- 1.

A delay of 161 days is caused in filing the review application.

2.

We have heard the submissions of the learned advocates appearing on behalf of the parties. We have perused the reasons cited in the application. It is the State Government, the Director of Ayush and Assistant Director of Ayurveda, who are the applicants before us. 3.

Since the delay does not appear to be deliberate or inordinate, considering the law laid down by the Hon'ble Supreme Court in the case of Collector, Land Acquisition Anantnag and Another Vs. MST Katiji, (1987) 2 SCC 107, the delay is condoned. 1/2

901-ca-2351-2023.odt The civil application is, therefore, allowed. 4.

In the review application, the learned advocate Shri Bedre submits that he would take instructions on behalf of respondent nos.2 and 3. Shri Shelke, the learned advocate appears on behalf of non-applicant no.1, who is the original Petitioner. 5.

By consent of the parties, list this matter on 27.03.2023 in the urgent category.

6.

The learned advocate for the petitioner submits that the contempt petition, in the meanwhile, would be adjourned. (S.G. MEHARE. J.) (RAVINDRA V. GHUGE, J.) Mujaheed// 2/2