Appeal against disqualification was dismissed as time barred without condonation application. The Court set aside that order, holding the ~15 day delay warranted giving the petitioner an opportunity to seek condonation.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 515 OF 2024
Sau. Girjabai w/o Rajendra Atram
Vs.
Additional Commissioner, Nagpur and Ors.
Office notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.
Court's or Judge's Orders.
Mr. A.S. Dhore, Advocate for petitioner.
Mr. Alap Palshikar, AGP for respondent Nos.1 to 3. Mr. Y.Y. Salve, Advocate a/w Mr. B.W. Patil, Advocate for respondent No.4.
CORAM : N.R. BORKAR, J.
DATE : 22.08.2024.
This petition takes exception to the order dated 06.12.2023 passed by the respondent No.1 – Additional Commissioner, Nagpur Division, Nagpur in VPA No.113/2023-24. By the order impugned, the respondent No.1 has dismissed the appeal filed by the petitioner against the order of disqualification passed by respondent No.2 – Additional Collector dated 28.09.2023, on the ground that appeal was time barred.
Prity
2 / 3 43.wp515.2024
no delay in filing appeal. It is submitted that in the facts and circumstances of the case, the respondent No.1 ought to have granted an opportunity to the petitioner to file an application for condonation of delay. It is submitted that in similar circumstances, this Court in Vaishali Rajendra Ghude and Ors. Vs. State of Maharashtra and Ors ., by order dated 16.12.2014 in Writ Petition No.5037/2014, granted opportunity to the petitioner therein to file an application for condonation of delay.
Prity
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for condonation of delay. If such application is filed within a period of three weeks from today, the respondent No.1 shall decide the said application on its own merits.
(N.R. BORKAR, J.)
Prity
1 issue framed by the court
Whether the appellate authority could dismiss the appeal as time barred without permitting an application for condonation of delay.
Colour shows how this judgement treated each authority
Ragho Singh Vs. Mohan Singh and Ors.Referred
(2001) 9 SCC 717 · Who else cites this
Sau. Girjabai w/o Rajendra Atram
Additional Commissioner, Nagpur
N.R. Borkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
