Shadrubai @ Shobhabai Wd/O Sheshrao Waghmode And Others v. The State Of Maharashtra, Thr. Collector, Akola And Others

wp5590.23.O.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.5590 OF 2023 (Shadrubai @ Shobhabai wd/o Sheshrao Waghmode and others Vs. The State of Maharashtra thr. Collector, Akola and others) ------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

------------------------------------------------------------------------------------------------------------------------------------- Mr. A. B. Darekar, Advocate for Petitioners.

Mr. M. A. Barabde, AGP for Respondent Nos.1 & 2/State. CORAM: ANIL S KILOR , J.

DATE: 4 th SEPTEMBER, .

The order rejecting application for condonation of delay of three years in filing application for setting aside abatement and bringing legal representative of deceased claimant on record came to be rejected vide order dated 08.11.2016. Thereupon, the review application was filed and it was rejected vide order dated 07.02.2020 which is under challenge in the present writ petition. 2.

The condonation of delay application was rejected on the ground that no explanation for delay of three years provided by the petitioner. Thereafter the petitioner persuaded the review petition which was rejected on 07.02.2020 and against the same the present writ petition came to be filed on 01.07.2023 i.e. more than after 31⁄2 years.

3.

In this petition, no explanation has been offered by the petitioner except that there was Corona.

wp5590.23.O.odt However, after the end of Corona why has been caused, a delay that has not been explained.

4.

Thus, it is apparent on the face of record that since beginning, the petitioners are casual and not diligent about their rights.

5.

In that view of the matter, I do not want to exercise discretion under Article 226 and 227 of the Constitution of India, in this matter. Accordingly, the writ petition is dismissed.

(ANIL S. KILOR, J.) NSN