Eknath Damu Patil v. The Agriculture Produce Market Committee, Jalgaon Through Its Chairman Dagdu Vishnu Patil And Anrs

2026:BHC-AUG:22598 {1} CA 2654 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2654 OF 2025 IN RAST/37745/2015 .

Eknath S/o Damu Patil Age: 44 years, Occu.: Nil, R/o. Indira Lalwani Nagar, Jamner, Tq.Jamner, District Jalgaon.

....Applicant

Versus

1.

The Agriculture Produce Market Committee, Jamner, Ta.Jamner, Through its Chairman, District Jalgaon.

2.

The Hon'ble Minister, Co-operation Marketing and Textile Department, Mantralaya, Mumbai.

.....Respondents .....

Advocate for Applicant : Mr.S.R.Rathod h/f.Mr.Krishna Pratap Rodge Advocate for Respondent no.1 : Mr.Kedar S.Warad AGP for Respondent no.2 : Mr.V.M.Jaware .....

CORAM : ABHAY S. WAGHWASE, J.

RESERVED ON : 09 JUNE, 2026 PRONOUNCED ON : 10 JUNE, 2026 ORDER :- 1.

This civil application is for condonation of 121 days' delay caused in filing review application for review of Judgment and order dated 24-07-2015 passed in Writ Petition No.9103 of 2014.

{2} CA 2654 OF 2025 2.

Learned counsel for applicant submitted that present respondent no.1 had filed Writ Petition No.9103 of 2014 challenging the order passed by the Hon'ble Minister dated 12-09-2014 passed in Appeal No.52 of 2013. That, said Writ Petition came to be allowed on 24-07-2015 by setting aside the aforesaid order. That, the applicant had decided to challenge the Judgment passed in Writ Petition by filing Special Leave Petition before the Hon'ble Supreme Court and he also approached the Lawyer practicing in the Hon'ble Supreme Court. However, considering the observations made by this Court in the Judgment, concerned Lawyer advised the applicant to file review application and accordingly, he has decided to file review application. However, because of loss of employment, financial condition of applicant is deteriorated and he could not file review application within time. That, the delay caused is not intentional or deliberate. Therefore, he prays for condonation of delay caused in filing review application. 3.

Learned counsel for respondent no.1 and learned AGP for respondent no.2 opposed the application.

{3} CA 2654 OF 2025 4.

Heard. Perused the papers.

5.

It appears that respondent no.1 herein had filed Writ Petition No.9103 of 2014 and the said petition came to be allowed by Judgment and order dated 24-07-2015. Initially, the applicant was intending to challenge the said Judgment in the Hon'ble Supreme Court, however, as per advise of his Lawyer, he is now intending to file review application to review the order passed in Writ Petition, but there is delay of 121 days. The applicant could not file review application within time due to his financial condition. Therefore, in the interest of justice, delay of 121 days caused in filing review application deserves to be condoned. Accordingly, following order is passed :

ORDER

The application is allowed in terms of prayer clause "B". ( ABHAY S. WAGHWASE ) SPT JUDGE