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Bombay High Court

Manikrao Sangappa Landge vs Bhalchandra Shankarrao Kulkarni on 6 November, 2019

Author: Ravindra V. Ghuge

Bench: Ravindra V. Ghuge

                                           1                 915-wp-5378-19.odt

      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                 BENCH AT AURANGABAD

               915 WRIT PETITION NO.5378 OF 2019

                   MANIKRAO SANGAPPA LANDGE
                                VERSUS
              BHALCHANDRA SHANKARRAO KULKARNI
                                   ...
          Advocate for the Petitioner : Shri V. V. Bhavthankar
            AGP for Respondent No. 2 : Shri S. W. Munde
                                   ...

                                CORAM : RAVINDRA V. GHUGE, J.

DATED : 06th NOVEMBER, 2019.

...

PER COURT :

1. Leave to add the Additional Divisional Commissioner, Aurangabad as respondent No.2.

Addition be carried out forthwith.

2. The learned AGP appears on behalf of the added respondent and seeks time.

3. I have briefl heard the learned Advocate for the petitioner.

4. The petitioner was aggrieved bl the order dated 31/03/2003 passed bl the Additional District Collector, ::: Uploaded on - 08/11/2019 ::: Downloaded on - 08/11/2019 23:02:11 ::: 2 915-wp-5378-19.odt Latur in Case No. 2002/ROR/A/62. The petitioner challenged the said order in Case No. 2003-ROR-Rev./143 lodged on 30/06/2003. This proceeding was dismissed in default on 14/07/2015 ( wrong recording is made in the second line of the impugned order dated 19/12/2017).

5. The petitioner moved an application on 22/01/2016 for seeking restoration of the case Revision No. 143/2003. The Additional Divisional Commissioner has rejected the said application vide the impugned order dated 19/12/2017 on the ground that it was fled belond limitation of 30 dals.

6. The issue, therefore, is as to whether the Additional Divisional Commissioner has the powers to condone the delal. If les, it appears that he has not touched the said issue of condonation of delal in the impugned order dated 19/12/2017.

7. The learned AGP submits that he would be readl in the matter on 14/11/2019.

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3 915-wp-5378-19.odt

8. In view of the above, stand over to 14/11/2019 in the ''urgent admissions categorl''.

9. The Advocate for the petitioner is at libertl to serve the respondent alongwith a copl of this order, informing him that the matter is being heard on 14/11/2017 and he should remain present. The tracking report be placed on record.

(RAVINDRA V. GHUGE, J.) shp/-

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