Bombay High CourtCAW/161/2026ca disposed off

Surendra S/O Dnyaneshwar Suple v. Municipal Council, Shendurjana Ghat, Thr. Chief Officer

2026-02-02Hon'Ble Shri Justice Anil L. Pansare , Hon'Ble Justice Nivedita Prakash Mehta2 pages

2026:BHC-NAG:1652-DB 25.wp.3708.19 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Civil Application [CAW] No.161 of 2026 in Writ Petition No.3708 of 2019 Surendra S/o Dnyaneshwar Suple vs.

Municipal Council, through it's Chief Officer, Shendurjana Ghat, Tah. Warud, Dist. Amravati =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. R.S. Charpe, Advocate for the Applicant/Petitioner. Mr. Abhay Sambre, Advocate for the Respondent Sole.

CORAM

: ANIL L. PANSARE & NIVEDITA P. MEHTA, JJ.

DATE : 2 nd FEBRUARY, 2026.

The petitioner/applicant intends to amend the petition so as to challenge order passed on 28/01/2020. The application, however, is filed after a lapse of six years. When enquired, as to why was the application not filed in time, the Counsel submits that the delay occurred because of COVID19 pandemic. This enquiry was necessary, because the respondent vehemently opposed the application.

02.

The plea taken by the applicant fails on multiple counts. Firstly, the Hon'ble Supreme Court, in Suo Motu Writ Petition (Civil) No.3 of 2020, excluded the period of limitation only with effect from 15/03/2020. Thus, the petitioner could have approached this Court before 15/03/2020 and secondly, no reason is assigned as to why the petitioner did not approach the Court within the stipulated time. That apart, no reason has been assigned as to why did not the petitioner approach immediately after 28/02/2022, the out date of exclusion of period of limitation.

25.wp.3708.19 2/2 03.

The application suffers from delay and laches and, therefore, we are not inclined to go into the merits of the case. The application is, accordingly, rejected.

(Nivedita P. Mehta, J.) (Anil L. Pansare, J.) *sandesh Signed by: Mr. Sandesh Waghmare Designation: PS To Honourable Judge Date: 02/02/2026 18:45:40