Janardhan S/O Gangaram Chouke And Another v. The Additional Commissioner, Amravati Division, Amravati And Others

24wp 5504.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Writ Petition No. 5504/2021 Janardhan s/o Gangaram Chouke and anr.

..VS..

The Additional Commissioner, Amravati and ors. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S. S. Taram, Advocate for the petitioners Shri S.A. Ashirgade, AGP for respondent nos. 1 to 3/State CORAM : AVINASH G. GHAROTE, J.

DATED : 23/12/2021 Shri Taram, learned Counsel for the petitioners.

2.

The only contention raised, is that the Mutation Entry was of 14.08.2013, the appeal against which was filed on 17.02.2014 was without any application for condonation of delay. It is, therefore, contended that the learned Sub-Divisional Officer (SDO) could not have entertained the appeal. The order of the learned Additional Collector as well as the learned Divisional Commissioner are also assailed on this ground only.

3.

It is material to note that all the Authorities have decided the matter on merits, holding against the petitioners, in which proceedings the petitioners have actively participated, considering which, I do not find any infirmity in the impugned orders, in so far as, this ground SMGate

24wp 5504.2021.odt is concerned, the same can be considered that by entertaining the application on merit, delay can be presumed to have been condoned. I, therefore, do not find any merit in the petition on this ground. Accordingly, the writ petition is dismissed. No costs.

JUDGE by SANDIP MAHADEV GATE Date:

2021.12.24 11:46:39 +0530 SANDIP MAHADEV GATE SMGate