Gayabai Dattu Ghanvat And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:28268 903-WP-2075-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2075 OF 2019 Gayabai Dattu Ghanvat And Others

VERSUS

The State Of Maharashtra And Others *** • Mr. P. R. Katneshwarkar, Senior Advocate a/w Mr. K. D. Pote i/by Mr. A. P. Avhad, Advocates for the Petitioners • Mr. S. N. Kendre, AGP for the Respondent Nos. 1 to 4/State • Ms. Anjali Bajpai Dube, Advocate for the Respondent No. 5 • Mr. R. R. Karpe, Advocate for Respondent Nos. 6 and 7 • Mr. S. A. Jadhav, Advocate for Respondent Nos. 9 to 12 *** CORAM : R. M. JOSHI, J DATE : OCTOBER 09, 2025 PER COURT :

1.

After hearing learned Counsels for both sides substantially and when this Court has shown its disinclination to cause interference in the impugned order, learned Senior Counsel for Petitioners, on instructions, seeks leave to withdraw Petition with liberty to prefer revision against the order passed by the Sub-Divisional Officer, Shrigonda-Parner Division, Ahmednagar dated 30.08.2014 before Divisional Commissioner. He seeks condonation of delay of period lost in litigating the said order before various Umesh

903-WP-2075-2019.odt authorities as well as this Court.

2.

Learned Counsel for contesting Respondent Nos. 6 and 7 opposes for condonation of delay.

3.

Perusal of the record indicates that Petitioners have wrongly prosecuting the remedy. Hence, in view of provisions of Section 14 of the Limitation Act, if the proceeding is filed within a period of eight (08) weeks from today, the issue of limitation not to be raised nor to be entertained by the Authority. It is expected that the Authority shall decide the revision on merit, if filed, by hearing both sides.

4.

Petition stands dismissed as withdrawn in above terms.

(R. M. JOSHI, J.) Umesh