The High Court of Judicature at Bombay dismissed a writ petition challenging the refusal of the Revisional Authority to condone a 164-day delay in filing a revision application. The court found no perversity in the order dismissing the petition.
The Writ Petition is dismissed. No order as to costs.
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.
23.wp.5519.2017.doc
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 5519 OF 2017
Fatima Taghvaei ...Petitioner
vs
The Addl. Commissioner Pune Dn. & Ors. ...Respondents
Mr Ramchandra Yedave i/b Vijay Killedar for the Petitioner Ms Jyoti Jadhavi AGP for the Respondent-State.
CORAM : B.P.COLABAWALLA, J. JUNE 14, 2017.
P.C. :
By this Writ Petition, the Petitioner challenges the
order dated 26 April, 2017 passed by Respondent No.1 / Additional Commissioner, Pune Division, Pune in Revision Application No. 127 of 2017. It appears that the competent authority had passed the order under Section 24 of the Maharashtra Rent Control Act thereby directing the Applicant herein to handover peaceful and vacant possession of the suit property to Respondent No.3 herein within 30 days from the date of the order. This order under Section 24 was passed on 5th August, 2016, whereas the Revision Application came to be filed
Pg 1 of 2
23.wp.5519.2017.doc
on 1 April, 2017. There was a delay of approximately 164 days. After hearing the learned counsel for parties, the Revisional Authority was of the opinion that the delay was not satisfactorily explained, and therefore, refused to condone the delay.
2 I do not find anything on record to indicate that the order of the Revisional authority suffers from any perversity, requiring my interference. I am, therefore, not inclined to interfere in my limited jurisdiction under Article 227 of the Constitution of India. The Writ Petition is accordingly dismissed. There shall be no order as to costs.
( B.P.COLABAWALLA,J.)
2 issues framed by the court
Whether the Revisional Authority's refusal to condone delay of 164 days in filing Revision Application No. 127 of 2017 was arbitrary or required judicial interference.
Whether the order dated 26 April 2017 passed under Section 24 of the Maharashtra Rent Control Act suffered from any perversity requiring interference under Article 227.
Fatima Taghvaei
The Addl. Commissioner Pune Dn. & Ors.
B.P. Colabawalla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
