Kishor Prabhakar Chakole v. State Of Maharashtra, Thr. Secretary, Revenue And Forest Dept., Mumbai And ORS

1 w.p. 91.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

Writ Petition No. 91 of 2022 [Kishor Prabhakar Chakole ..vs.. State of Maharashtra, through its Secretary, Revenue and Forest Dept. and ors.] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. A. R. Ingole, Advocate for the petitioner Mr. S. M. Ukey, Addl. G.P. for the State/respondents CORAM : ROHIT B. DEO, J.

DATED : 24 - 2 -202 The petition is clearly barred by latches.

2.

What is impugned is an order dated 17-3-2018 passed by the Sub Divisional Officer, Bhandara in exercise of power under Section 48(8)(2) of the Maharashtra Land Revenue Code.

3.

The petition is sworn on 20-12-2021 and in paragraph 8, there is an attempt to justify the delay. Paragraph 8 of the petition reads thus :

"8] The petitioner submits that, the delay caused in approaching this Hon'ble Court is bonafide and needs to be condoned, as the petitioner due to financial difficulty could not approach this Hon'ble Court and thereafter due to Covid-19 pandemic the lock-down was imposed in the entire country and the said lock-down was for about 2 years and therefore also the financial condition could not improve and therefore the delay is caused, which is bonafide and needs to be condoned, in the interest of justice."

2 w.p. 91.2022.odt 4.

I am satisfied that the explanation is false. It is common knowledge that the Covid pandemic broke out only in March, 2020. The order impugned is passed on 17-3-2018 and there is absolutely no explanation why in the next two years, the petitioner could not have approached this Court.

5.

The petition is dismissed.

JUDGE wasnik YUVRAJ WASNIK