Bibhishan Namdeo Mane v. The State Of Maharashtra And Others

2025:BHC-AUG:18708 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 CIVIL APPLICATION NO. 14332 OF 2019 IN RAST/29152/2019 BIBHISHAN NAMDEO MANE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr M. K. Bhosale, Advocate for applicant Ms R. R. Tandale, A.G.P. for respondent Nos.1 to 5 CORAM : PRAFULLA S. KHUBALKAR, J.

DATE : 16th July, 2025 PER COURT:

1.

This is an application for condonation of delay in filing review application of order dated 14/01/2019, passed by this Court in Writ Petition No.8649/2018.

2.

Notices were issued on this civil application and the respondents are served. Learned A.G.P. appears for respondent Nos.1 to 5 and has filed reply on behalf of respondent Nos.4 and 5. 3.

Heard learned counsel for the applicant. He submits that the delay of 215 days occurred since the time was consumed in prosecuting Special Leave Petition (Civ.) No.7904/2019 before the

(2) Hon'ble Supreme Court and thereafter, some time was consumed for collecting the documents from the Advocate from Delhi. 4.

He further submits that the applicants are illiterate and not aware of the need of filing the review application immediately. He submits that the time consumed in this process resulted in delay of 215 days and the same is unintentional.

5.

Learned A.G.P. appearing for respondent Nos.1 to 5 strongly opposes the application and submits that the applicant has failed to demonstrate any sufficient cause for seeking condonation of delay. She further submits that reasons mentioned in the application about lack of knowledge and illiteracy cannot be accepted in view of the fact that the applicant was prosecuting the Special Leave Petition before the Hon'ble Supreme Court.

6.

Having regard to the contentions mentioned in the application and the submissions advanced, delay of 215 days in filing review application needs to be condoned in the interest of justice. Accordingly, the delay is condoned, subject to costs of Rs.5,000/- to be deposited by the applicant with the High Court Legal Services Sub-Committee, Aurangabad, within a period of two weeks from today.

(3) 7.

The civil application is allowed and disposed of. (PRAFULLA S. KHUBALKAR, J.) sjk