Bharadidevi Govt. Approved Ration Shop Thr Prop. Shobatai N Lad v. The District Supply Officer, Kolhapur And ANR

2-wp3183-2025.doc AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3183 OF 2025 Bharadidevi Government Approved Ration Shop, through proprietor Shobatai N. Lad ... Petitioner V/s.

The District Supply Officer, Kolhapur & Anr.

... Respondents Digitally signed by ATUL GANESH KULKARNI Date:

2025.03.27 14:43:22 +0530 ATUL GANESH KULKARNI Mr. Chetan G. Patil i/by Mr. Mandar G. Bagkar for the petitioner.

Ms. Kavita N. Solunke, AGP for the State.

CORAM

: AMIT BORKAR, J.

DATED : MARCH 27, 2025 P.C.:

1.

Rule. Rule is made returnable forthwith.

2.

Challenge in this writ petition is to an order dated 30 November 2022 rejecting petitioner's application for condonation of delay in filing revision application.

3.

On perusal of the record, it appears that the impugned order was passed on 3 July 2020 whereas the revision application was filed on 22 August 2022. According to the petitioner, he is protected by the judgment of the Apex Court excluding Covid period from the purview of limitation. The effect of said judgment

2-wp3183-2025.doc expired on 28 February 2022 and the revision application was filed on 22 August 2022.

4.

Hence, considering the nature of order passed by the authorities below, delay caused cannot be termed as mala fide or with intention to delay the proceedings. Hence, the delay deserves to be condoned.

5.

Accordingly, rule is made absolute in terms of prayer clause (a). No costs.

(AMIT BORKAR, J.)