Chandrakant Dagadu Pawar v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13733 OF 2024 Chandrakant Dagadu Pawar .. Petitioner Vs.

The State of Maharashtra, Through Tribal Development Department and Anr. .. Respondents Mr. Abhineet Pange with Mr. Abhijeet V. Jangale, Advocates for the Petitioner.

Mr. B.V. Samant, Additional Government Pleader with Ms. Tanu N. Bhatia, Assistant Government Pleader for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 11TH OCTOBER 2024.

P.C. :

1.

The challenge raised in this writ petition is to the order dated 3rd September 2024 passed by the Maharashtra Administrative Tribunal condoning the delay of one year in seeking review of the order dated 7th June 2023 passed in Original Application No.703 of 2016. It is submitted by the learned counsel for the petitioner that in the application for condonation of delay, the review applicant in paragraph no.3 had admitted that it had got knowledge of the order dated 7th June 2023 passed by the Tribunal on 12th June 2023. According to him, no reasons indicating the delay in filing the review application after about an year have been assigned. He further submits that in paragraph 4 of the impugned order, the Tribunal has recorded a finding that no proper explanation was furnished by the respondent no.2 to explain the delay. Despite aforesaid, the delay has been condoned. 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.10.11 18:26:49 +0530 Dixit SNEHA ABHAY DIXIT 4-WP-13733-2024.doc

2.

Mr. B.V. Samant, learned Additional Government Pleader waives notice on behalf of respondent nos.1 and 2.

3.

Prima facie, considering the fact that there are no reasons assigned in the application for condonation of delay coupled with the fact that the Tribunal has also accepted this position in paragraph 4 of its order dated 3rd September 2024, there shall be ad-interim relief in terms of prayer clauses [C] and [D] of the writ petition.

4.

Put up for further consideration on 22nd October 2024. 5.

The learned counsel for the petitioner, on instructions, submits that the proceedings in Contempt Application No.16 of 2024 would be adjourned beyond the returnable date.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 4-WP-13733-2024.doc Dixit