State Of Maharashtra Through Its Chief Secretary For Revenue And Rehabilitation Department v. Machhindranath Mahadev Gosavi And ORS
Patil-SR IA-15714-2024 & Group.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 15714 OF 2024 REVIEW PETITION NO. 156 OF 2024 WRIT PETITION NO. 9361 OF 2021 Manavel Motis D'souza and Others.
INTERIM APPLICATION NO. 15892 OF 2024 REVIEW PETITION NO. 162 OF 2024 WRIT PETITION NO. 9362 OF 2021 Mr. Lois Bastyav D'souza and Others.
INTERIM APPLICATION NO. 15713 OF 2024 REVIEW PETITION NO.155 OF 2024 WRIT PETITION NO. 9367 OF 2021 Prabhakar Govind Mundale and Others.
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Patil-SR IA-15714-2024 & Group.doc INTERIM APPLICATION NO. 15837 OF 2024 REVIEW PETITION NO. 158 OF 2024 WRIT PETITION NO. 9363 OF 2021 Ms. Eliza Paolu D'souza and Others.
INTERIM APPLICATION NO. 15878 OF 2024 REVIEW PETITION NO. 160 OF 2024 WRIT PETITION NO. 9383 OF 2021 Mr. Lahu Anant Palambe and Others.
INTERIM APPLICATION NO. 15893 OF 2024 REVIEW PETITION NO. 163 OF 2024 WRIT PETITION NO. 9364 OF 2021 Machhindranath Mahadev Gosavi and Others.
INTERIM APPLICATION NO. 15874 OF 2024 REVIEW PETITION NO. 159 OF 2024 2/4
Patil-SR IA-15714-2024 & Group.doc WRIT PETITION NO. 9378 OF 2021 Subhash Mahadev Chavan and Others.
INTERIM APPLICATION NO. 15888 OF 2024 REVIEW PETITION NO. 161 OF 2024 WRIT PETITION NO. 9365 OF 2021 Hanuman Shivaram Shinde and Others.
_______________________________________ Mr. Kedar B. Dighe, Addl. G.P. for the Review Petitioner. Mr. Pradeep Sancheti, Senior Counsel along with Mr. Sanjeev Sawant, B. K. Barve, Pallavi Balli, Sandip Barve and Santosh Wagh i/b B. K. Barve & Co., for the Respondents.
_______________________________________ CORAM : A. S. GADKARI AND SHARMILA U. DESHMUKH, JJ.
DATE : 21st February 2025.
P.C. :
1) Afore-stated Interim Applications are filed by the State for condonation of delay of 80 days (sic one and half year) for filing present Review Petitions seeking review of the Order dated 10th November 2022 passed in Writ Petition No. 9367 of 2021 and connected Petitions. 2) Heard Mr. Dighe, learned Additional Government Pleader for the 3/4
Patil-SR IA-15714-2024 & Group.doc Applicants / Petitioners and Mr. Sancheti, learned Senior Counsel for the Respondents.
3) A bare perusal of the Interim Applications would clearly indicate that no sufficient, least to say, any plausible explanation is offered by the State for condonation of such a colossal and inordinate delay occurred at its behest in filing the present Review Petitions.
4) Mr. Sancheti, learned Senior Counsel for the Respondents opposed the Application. He submitted that the State had earlier preferred Review Petition No.89 of 2023 and connected Review Petitions against the same Order with a delay of 143 days which was disposed of as withdrawn on the ground that the Review Petitions were filed on behalf of the State by the Advocate who was not authorised to file. Present Review Petitions are thereafter filed on 19th January, 2024. He submits that, Affiant of the Application has pleaded more on merits than on condonation of delay while presenting the Application for condonation of delay and therefore the delay may not be condoned.
5) Though we are in agreement with the learned Senior Counsel for the Respondents on his submissions, in the interest of justice, we are inclined to condone the said delay.
The Applications are accordingly allowed in terms of prayer Clause (a). ( SHARMILA U. DESHMUKH, J. ) ( A.S. GADKARI, J. ) Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 28/02/2025 14:47:18 4/4