Bombay High CourtIA/777/2026disposed off

The State Of Maharashtra Through The Divisional Commissioner Pune v. Babanrao Vithoba Pingale

2026-01-29Hon'Ble Shri Justice B.P. Colabawalla , Hon'Ble Shri Justice Firdosh Phiroze Pooniwalla8 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by TRUSHA TUSHAR MOHITE Date:

2026.01.31 15:16:30 +0530 CIVIL APPELLATE JURISDICTION TRUSHA TUSHAR MOHITE INTERIM APPLICATION NO.786 OF 2026 REVIEW PETITION (ST.) NO.10427 OF 2025 Vithoba Raoji Jadhav INTERIM APPLICATION NO.780 OF 2026 REVIEW PETITION (ST.) NO.18622 OF 2025 Vithoba Raoji Jadhav INTERIM APPLICATION NO.787 OF 2026 REVIEW PETITION (ST.) NO.18590 OF 2025

INTERIM APPLICATION NO.784 OF 2026 REVIEW PETITION (ST.) NO.18614 OF 2025 INTERIM APPLICATION NO.782 OF 2026 REVIEW PETITION (ST.) NO.18611 OF 2025 INTERIM APPLICATION NO.778 OF 2026 REVIEW PETITION (ST.) NO.18578 OF 2025 INTERIM APPLICATION NO.781 OF 2026 REVIEW PETITION (ST.) NO.18586 OF 2025

INTERIM APPLICATION NO.785 OF 2026 REVIEW PETITION (ST.) NO.18624 OF 2025 INTERIM APPLICATION NO.789 OF 2026 REVIEW PETITION (ST.) NO.18582 OF 2025 INTERIM APPLICATION NO.777 OF 2026 REVIEW PETITION (ST.) NO.18616 OF 2025

INTERIM APPLICATION NO.779 OF 2026 REVIEW PETITION (ST.) NO.18620 OF 2025 INTERIM APPLICATION NO.776 OF 2026 REVIEW PETITION (ST.) NO.18739 OF 2025 INTERIM APPLICATION NO.788 OF 2026 REVIEW PETITION (ST.) NO.18361 OF 2025 Mr. R.S.Pawar, A.G.P. for the Applicant/Petitioner. Mr.Sandesh S. Shinde h/f Mr.Rameshwar N. Gite, Advocate for Respondent.

CORAM:

B. P. COLABAWALLA & FIRDOSH P. POONIWALLA, JJ.

DATE:

P. C.

The above Interim Applications are filed seeking condonation of 6 years 25 days in filing the above Review Petitions. 2.

The explanation for the delay is set out in paragraph 2 of the Interim Applications. For the sake of convenience, the same is reproduced hereunder:

"2.

The impugned Judgment was passed on 08.01.2019. As such the Review Petition ought to have been filed within 30 days from the date of Impugned Judgment dated 08.01.2019. However, there is delay of 06 years, 25 days in filing the Review Petition. The facts related to the time taken for filing the Review Petition are as under:

a) From 08/01/2019 to 31/12/2019, the office of Sub Divisional Officer, Baramati, was engaged in the land acquisition proceedings in respect of road widening of Sant Tukaram Maharaj Palakhi Marg NH 965-G Dist- Pune. The land acquisition proceedings included total 39 villages from Pune District, in the area of Tal. Daund, Baramati and Indapur with respect to area of 114.53 Hec.R and Railway and Other Land Acquisition with respect to area of 10.76 Hec.R. A Copy of Gazette dated 21/08/2017 and 23/08/2018 to appoint CALA for NH-965G is annexed herewith and marked as Exhibit - R-1 and R-2.

b) I say that, during the aforesaid period in 18/03/2019 to 27/05/2019 Loksabha General Elections took place and in 27/09/2019 to 27/10/2019, Vidhansabha, election took place. I

say that, Sub Divisional Officer, Baramati, was appointed as Assistant Returning Officer and Returning Officer for Loksabha and Vidhansabha elections respectively. A Copy of the order of appointment as Assistant Returning Officer for Loksabha is annexed here to as Exhibit R-3, R-4.

c) From 01/01/2020 to 31/12/2020, the Applicant was engaged in land acquisition proceedings in respect of establishing New Railway Line of Baramati-Phaltan-Lonand.

d) I say that, from the March 2020 to February 2022, the entire work of State Government was affected due to Covid-19 pandemic. Initially the Government was working with 5% staff and gradually started working with 15% thereafter finally at full capacity. I say that, during that period Sub Divisional Officer, Baramati was appointed as Returning Officer for the purpose of Election process of Someshwar Sahakari Sakhar Karkhana, Waghalwadi Tal-Baramati, Dist. Pune e) I say that, from 01/03/2022 to 31/12/2022, the Sub Divisional Officer was engaged in land acquisition proceedings in respect of road widening of Sant Tukaram Maharaj Palakhi Marg NH 965- G Dist- Pune with respect to area of 31.34 Hec.R and Railway sale deed Private Negotiations with respect to area of 89.0106 Hec.R. Copy of Gazette dated 28/09/2022 to appoint CALA for Baramati Phaltan New Railway Line is annexed herewith and marked as Exhibit - R5.

f) I say that, from 01/01/2023 to 31/12/2023, the Sub Divisional Officer was engaged in land acquisition proceedings in respect of road widening of Sant Tukaram Maharaj Palakhi Marg NH 965- G Dist- Pune with respect to area of 17.27 Hec.R and Area of 55.4022 Hec.R of Railway sale deed private negotiation. g) I say that, from 01/01/2024 to 10/04/2024, the Sub Divisional Officer was engaged in land acquisition proceedings in respect of road widening of Sant Tukaram Maharaj Palakhi Marg NH 965- G Dist- Pune with respect to area of 9.75 Hec.R and Area of 43.00613 Hec. R and Other Land Acquisition. h) From 11/04/2024 to 06/06/2024, Parliament elections were held and Sub Divisional Officer was appointed as Assistant Returning Officer, 35 - Baramati Parliamentary Constituency. Copy of the order of appointment as Assistant Returning Officer for Loksabha is annexed here to as Exhibit R-6.

i) I say that from 7/6/2024 to 14/10/2024 Sub Divisional Officer was engaged in land acquisition proceeding of Sant Tukaram Maharaj Palkhi Marg NH-965G Dist. Pune with respect to area of 9.75 Hec. R Area of 43.00613 Hec. R and Other Land Acquisition.

j) From 15/10/2024 to 25/11/2024, due to Assembly Elections, Sub Divisional Officer was appointed as Returning Officer, 201Baramati Assembly Constituency. Copy of the order of appointment as Assistant Returning Officer for Loksabha is annexed here to as Exhibit R-7.

k) From 26/11/2024 to till date Sub Divisional Officer has been engaged in land acquisition proceeding of Sant Tukaram Maharaj Palkhi Marg NH-965G Dist. Pune and Baramati Phaltan New Railway Line with respect to area of 0.2627 Hec.R Area and 32.8945 Hec R respectively.

1) I say that, after realizing about the Contempt proceedings in respect of Judgment dated 08/01/2019 in Writ Petition No.10413 of 2017, the Applicant office sought permission from State Government to file Review Petition in respect of Impugned Judgment, which also took time."

On the basis of this explanation, the Review Petitioners contend that the delay is not deliberate or intentional and the fact that the Petitioner is the State Government, sufficient latitude ought to be given in the matters of delay.

We have heard the learned A.G.P. appearing on behalf of the Review Petitioners. We are afraid that the explanation given is wholly unsatisfactory for condoning such a huge delay. The only explanation given is in fact the Officers were involved in multiple acquisitions throughout this

period and was also appointed as a Returning Officer for the Lok Sabha Elections during 18th March 2019 to 27th March 2019 and thereafter, as the Returning Officer for the Vidhan Sabha Elections between 27th September 2019 to 27th October 2019.

Though we are mindful of the fact that one must have a justice oriented approach to condone the delay and we should be liberal in doing so, in the facts of the present case, the conduct of the State in taking so much time to file the Review Petition does not appear to be sufficiently explained. The reasons given for the delay are wholly unacceptable. It also appears that these Review Petitions has been filed only after contempt proceedings were filed by the Original Petitioners.

Considering the totality of the facts of the case, we are of the view that such a huge delay cannot be condoned. The Interim Applications are accordingly dismissed. Consequently, the Review Petitions are also rejected.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax [FIRDOSH P. POONIWALLA, J.] [B. P. COLABAWALLA, J.]