In a writ petition, the Bombay High Court held that an order condoning a 25-year delay without ascertaining cause or reasons was illegal. The order was set aside and remanded for proper consideration.
Order dated 31.10.2006 condoning 25-year delay without cause or reasons was set aside and matter remanded for proper adjudication.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
-: 1 :-
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO.1044 OF 2008
Nitesh Kothari : Petitioner
V/s.
Superintendent of Land Records
Mumbai Suburban Dist. & Ors. : Respondents
Mr.A.K. Manmadhan i/b. Mr.Vinod Juwale for the petitioner.
Mr.D.A.Nalawade, Govt. Pleader for respondent nos.1,3 & 4.
Mr.L.H.Hingu for respondent no.2.
CORAM : S.A. BOBDE, J.
DATE : SEPTEMBER 09, 2008.
P.C.
1. Rule, returnable forthwith.
Mr.Nalawade, the learned Government Pleader for the
respondent nos.1, 3 & 4, and Mr.Hingu for the respondent
no.2, waive service. Heard by consent.
2. Admittedly, about 25 years delay has been condoned by
the order dated 31.10.2006 by the Superintendent of Land
Records without ascertaining sufficient cause and without
giving reasons therefor, as required by law. The order
dated 31.10.2006 ex facie is illegal. It is,
-: 2 :-
accordingly, set aside. The matter is remanded back to
the Superintendent of Land Records for deciding the
question of delay by ascertaining sufficient cause, if
any, and giving reasons therefor. Order accordingly.
3. The rule is made absolute in the aforesaid terms.
S.A. BOBDE, J.
2 issues framed by the court
Whether an order condoning 25 years of delay without ascertaining cause or reasons under law is valid
Whether the impugned order should be set aside and matter remanded for proper adjudication on delay
Nitesh Kothari
Superintendent of Land Records
S. A. Bobde
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court