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Bombay High CourtWP/14873/2025disposed off

Vora Co-Operative Housing Society Ltd. v. The State Of Maharashtra Thr The Prin. Sec. (Revenue And Forest Dept. And ORS

2026-02-03Hon'Ble Shri Justice Milind N. Jadhav2 pages

72.WP.14873.2025.doc Ajay IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14873 OF 2025 Vora Co-operative Housing Society Ltd.

.. Petitioner

Versus

The State of Maharashtra and Ors.

.. Respondents ....................

 Mr. Balasaheb G. Ligade a/w. Mr. Drupad S. Patil, Advocates for Petitioner.

 Ms. P.J. Gavhane, AGP for Respondent - State. ....................

CORAM

: MILIND N. JADHAV, J.

DATE : FEBRUARY 03, 2026.

P.C.:

1.

Heard Mr. Ligade, learned Advocate for Petitioner and Ms. Gavhane, learned AGP for Respondent - State.

2.

The short point in the present Petition pertains to rejection of the delay of 2 years between the year 2015 and 2017 which was the time when proceedings were pending before the Divisional Commissioner. By virtue of the order dated 26.02.2024 passed in Writ Petition No.2674 of 2017 at page No.124 of the Petition. The delay for prosecuting the Appeal proceedings before the State between 2017 and 2024 was specifically condoned by this Court. After Petitioner approached the State in the remand proceedings alongwith Application seeking condonation of delay, the State has rejected the said Application for non-explaining the sufficient cause for the delay

72.WP.14873.2025.doc between 2015 and 2017, in view of the orders passed by the learned Single Judge of this Court at page No.124, ideally the time spent in prosecuting the proceedings before the Divisional Commissioner also should have been condoned.

3.

In that view of the matter, the impugned order is not sustainable. The delay leading to prosecuting the matter before the Divisional Commissioner between 2015 to 2017 stands condoned and the State is directed to hear the Statutory Appeal namely RTS3424/2877/iz-dz-172@t&5] iz-dz-1831⁄4051⁄22024 voiq. as expeditiously as possible and in any event within a period of three (3) months from today positively. The State is directed to pass a reasoned speaking order after hearing the parties.

4.

Needless to state that the stay which was granted by order dated 22.02.2017 shall stand continued until the disposal of the RTS Appeal by the State.

5.

Writ Petition is allowed and disposed in the above terms. [ MILIND N. JADHAV, J. ] Ajay AJAY TRAMBAK UGALMUGALE Date: 2026.02.04 10:55:00 +0530 AJAY TRAMBAK UGALMUGALE