Bombay High Court
Prabhakar Bankatrao Mokashe And ... vs The State Of Maharashtra And Others on 25 January, 2021
Author: R. G. Avachat
Bench: R. G. Avachat
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 7610 OF 2020
Prabhakar Bankatrao Mokashe and Anr. ...Petitioners
Versus
The State of Maharashtra and Ors. ...Respondents
.......
Mr. G.J.Karne, Advocate for Petitioners
Mr. S.P.Tiwari, A.G.P. for Respondents No. 1 to 3
Mr. V.D.Gunale, Advocate for Respondent No. 4
.......
CORAM : R. G. AVACHAT, J.
DATE : 25-01-2021.
PER COURT :
01. The order impugned in this writ petition is
dismissal of appeal on the ground of delay. There is 117
days delay in preferring the appeal against the Order
passed by the Sub Divisional Officer on 20.12.2017 in file
No. 2015/ROR/A-65. The delay was sought to be condoned on
the ground that the appellant Prabhakar Jahagirdar was not
keeping well. His medical certificate has also been
tendered before the Additional Collector, the appellate
authority. He was pleased to reject the contention of the
petitioner merely on the ground that there was nothing to
indicate that the person by name Prabhakar Jahagirdar and
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the appellant Prabhakar Mokashe were one and the same
person. It has been stated on affidavit that Prabhakar
Jahagirdar is none other than Prabhakar Mokashe. In view
of the above, the Additional Collector ought to have given
its due weightage to the certificate indicating that
Prabhakar Jahagirdar was indisposed and therefore, could
not prefer the appeal within the time frame. In the
interest of justice, the impugned order needs to be set
aside. Hence, Order :-
ORDER
(i) Writ petition is allowed.
(ii) The impugned Order dated 24.10.2018 is hereby set aside.
(iii) The learned Additional Collector shall decide the appeal on its own merits.
(iv) The petitioner shall deposit a sum of Rs.10,000/- (Ten Thousand only) in this Court as cost as a condition precedent. The amount of cost be paid to lkbZ xzkeh.k iqujZpuk laLFkk] vkSjaxkckn lapfyr ^^vkiyh eqys** ¼U;kl uksan.kh dz- ,Q&12531 ¼vkS-½½ lkrkjk ifjlj] vkSjaxkckn-
[R.G.AVACHAT] JUDGE Dahibhate/-
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