Ali Ashfaq Zainuddin Bombaywala And Another v. Deputy Director Of Land Records, Amravati Division, Amravati And ORS.

1 26-3496-25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3496/2025 Ali Ashfaq Zainuddin Bombaywala and another Vs. Deputy Director of Land Records, Amravati Division and others Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. S.O. Ahmed, Advocate for Petitioners Mrs. K.H. Bhondge, AGP for Respondent Nos.1 to 3 CORAM: ANIL L. PANSARE, J.

DATED : 7th JULY, 2025 1.

The sub-division of the land as proposed by the respondent No.3 through measurement was challenged by the petitioners before the respondent No.2 under Section 247 of the Maharashtra Land Revenue Code, 1966, the respondent No.2 was pleased to allow the appeal. The respondent No.2 directed respondent No.3 to re-decide the issue involved between the parties on the ground that the petitioners were not heard by the respondent No.3 while passing the order.

2.

The respondent No.4 wished to file appeal against the said order passed by the respondent No.2, however, there occurs delay and accordingly, the respondent No.4 preferred application for condonation of delay in filing appeal. 3.

The argument is that neither the application preferred by the respondent No.4 nor the order passed by the respondent No.1 describes the number of days of delay that occurred in filing the appeal and thus the order is passed

2 26-3496-25.odt without application of mind. Further argument is that the respondent No.4 has not assigned sufficient reasons to condone the delay and despite such status the respondent No.1 in casual manner allowed the application. 4.

Issue notice to the respondents, returnable on 04.08.2025. Notice on interim relief also.

5.

Mrs. Bhondge, learned Assistant Government Pleader waives service of notice for respondent Nos.1 to 3. (ANIL L. PANSARE, J.) MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 07/07/2025 21:06:23