Rajaram S/O Karbhari Kangune v. The State Of Maharashtra Thru Secretary, Dept. Of Tribal Development And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 12937 OF 2024 IN WRIT PETITION ST. NO. 24617 OF 2022 Rajaram s/o Karbhari Kangune.

... Applicant.

Versus

The State of Maharashtra & Anr.

... Respondents.

**** Mr. Sahil Choudhari h/f. Mr. Deepak Choudhari, for Applicant. Mr. K.S. Thorat "B" Panel Advocate a/w. Mr. S.B. Kalel, AGP for Respondent Nos. 1 and 2 /State.

**** CORAM : RAVINDRA V. GHUGE AND ASHWIN D. BHOBE, JJ.

DATE :

14th DECEMBER, 2024 P.C. :

1.

The Writ Petition was dismissed for default at pre-notice stage and registration was refused by the order of the learned Registrar (Judicial-I) dated 31st January, 2024. Delay of 162 days is caused. 2.

The learned AGP has vehemently opposed the application relying upon the law laid down by the Hon'ble Supreme Court in Esha Bhattacharjee v. Raghunathpur Nafar Academy , reported in (2013) 12

SCC 649, wherein the Hon'ble Supreme Court has culled out specific principles for considering condonation of delay. He therefore, prays that the Application should be rejected and if the Court desires to entertain the same, heavy costs may be imposed and the same be donated to the Kirtikar Law Library.

3.

We have considered the law laid down in Esha Bhattacharjee (supra), as well as the view of the Hon'ble Supreme Court in Collector of Land Acquisition, Anantnag v/s. Mst. Katiji & Ors. reported in AIR 1987 SC 1353. We find that the delay of 162 is neither deliberate nor inordinate. The learned Registrar has refused registration for non-removal of the office objections. The Petitioner cannot be thrown out at the threshold of litigation. 4.

In view of the above and since the learned Advocate for the Petitioner volunteers to donate Rs. 500/- to the Kirtikar Law Library, (Bank Account No. 000110110012632, Bank Name : Bank of India, Branch: Mumbai Main, IFSC Code : BKID0000001), this Application is allowed. Delay is condoned. All office objections shall be removed on or before 15th January, 2025.

5.

On compliance of the above, list the Petition for admission hearing on 27th January, 2025 in the "urgent admission" category. Failing to comply with this order, would restore the order of the learned Registrar and the Petition would remain dismissed. (ASHWIN D. BHOBE, J.) (RAVINDRA V. GHUGE, J.) ARUNA SANDEEP TALWALKAR ARUNA SANDEEP TALWALKAR Date: 2024.12.17 20:08:14 +0530