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Bombay High CourtWP/2328/2023partly allowed

Meera Shrikant Ganorkar v. Sub-Divisional Officer, Amravati And Others

2024-04-29Hon'Ble Shri Justice Anil S. Kilor2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition (WP) No. 2328 of 2023 Meera Shrikant Ganorkar

Versus

Sub Divisional Officer and others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Shri V.V.Bhangde, Advocate, for the petitioner. Shri P.P.Pendke, AGP for the respondents/State. Ms. I.P.Khisti, Advocate for the respondent no.2. CORAM : ANIL S. KILOR, J.

DATED : 29th APRIL, 2024.

Heard.

2.

The order dated 3rd March, 2022 passed by the Sub-Divisional Officer, Amravati condoning the delay of 15 years in filing the revenue appeal, is under challenge in this writ petition.

3.

Admittedly, no reasons are recorded by the Sub-Divisional Officer, Amravati while condoning the delay, except observing that the application for condonation of delay is allowed.

4.

When the delay is inordinate, the SubDivisional Officer was expected to record reason for condoning the delay.

SKNair

72-wp-2328-23.odt 4.

Moreover, it appears that the order was passed by the Sub-Divisional Officer, Amravati without hearing the petitioner.

5.

In the circumstances, the only option left with this Court is to remand the matter back to the SubDivisional Officer, Amravati to decide the application afresh after hearing both the parties. Accordingly, I pass the following order.

i.

The writ petition is partly allowed;

ii.

The order dated 3rd March, 2022 passed by the Sub-Divisional Officer, Amravati is hereby quashed and set aside and the matter is remanded back to the Sub-Divisional Officer, Amravati to decide the application afresh after hearing both the parties; iii.

The parties are directed to remain present either personally or through their advocates on 8th May, 2024. Thereupon, the Sub-Divisional Officer, Amravati may hear the parties and decide the application afresh expeditiously and in any case within 15 days therefrom; iv.

The Sub-Divisional Officer, Amravati may not get influenced by any of the observations made in this petition.

[ANIL S. KILOR, J.] SKNair