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Bombay High CourtWP/288/2023disposedoff

Vitthal Mandir Sanstha, Paratwada, Amravati Thr. Trustee, Madhuri D/O Wamanrao Bhawalkar And ORS. v. The Deputy Collector And Sub Divisional Officer, Achalpur, Amravati And ORS.

2023-03-21Hon'Ble Shri Justice Avinash G. Gharote2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.288/2023 (Vitthal Mandir Sansthan, Paratwada and others V the deputy Collector and Sub Divisional Officer, Achalpur and others) *********************************************************************************** Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

*********************************************************************************** Mr. R.M. Pande, Advocate for petitioners.

Mr. P.N. Kothari, Adv for resp. no.3.

Mr. N.R. Patil, AGP for resp. nos. 1 and 2.

CORAM : AVINASH G GHAROTE, J.

DATE : 21-03-2023 Heard Mr. Pande, learned Counsel for the petitioner, Mr. Patil, learned AGP for respondent nos.1 and 2 and Mr. P.P. Kothari, learned Counsel for respondent no.3.

2.

The petition challenges the order dated 27-10-22, whereby the application for condonation of 250 days delay, has been rejected on the ground that no proper explanation has been given explaining the delay. Inviting my attention to the directions of the orders passed by the Hon'

ble Apex Court in Suo Motu W.P. No.

3/20, from time to time it is contended that the statues of limitation had been made inapplicable by the Hon' ble Apex Court for the period of COVID- 19 and therefore the delay ought to have been condoned.

3.

Though, Mr. Kothari, learned Counsel for

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4.

In view of this, the impugned order is hereby quashed and set aside and the application for condonation of delay is allowed. The authorities shall restore the appeal and decide the same on merit. JUDGE Deshmukh