Bandu Deorao Asapwar vs State of Maha, Dept. of… — Writ and Judicial Review | Bombay HC (2025)

Bandu Deorao Asapwar vs State of Maha, Dept. of… — Writ and Judicial Review | Bombay HC (2025)

What the court decided

AI extract

Outcome

Delay, if any, in filing Appeal No. 97/2024 condoned; the Appeal remitted back to the Commissioner of State Excise to re-register the appeal and consider it on its own merit; parties to appear before the learned Commissioner on 13/05/2025 with a copy of the order; Commissioner directed to dispose of the appeal expeditiously, preferably within three months from the date of appearance.

Issue for consideration

Whether the petitioner's Appeal No. 97/2024 before the Commissioner of State Excise was barred by limitation and whether any delay in filing it ought to be condoned. +1 more

Court's answer

Even if there were some delay in filing the appeal, it is hereby condoned.

Ratio / Principle

Considering that the petitioner was under a bona fide belief pursuing the remedy under Article 226 of the Constitution of India (W.P. No. 883/2024, withdrawn on 04/03/2024, appeal presented 20/03/2024), there was no delay in filing the appeal before the Commissioner; if that period is excluded, there is no delay in filing the appeal.

Detailed headnote1 paragraphs

Writ Petition No. 5902 of 2024 (Bombay HC, Nagpur Bench; M.S. Jawalkar, J.; 28.04.2025): Appeal No. 97/2024 before the Commissioner of State Excise, Maharashtra State had been rejected on 03/06/2024 solely as time-barred. The Collector's order of 25/10/2023 had earlier been challenged in Writ Petition No. 883/2024, which was withdrawn on 04/03/2024, whereafter the petitioner presented the appeal on 20/03/2024. Holding that the petitioner was under a bona fide belief while pursuing the remedy under Article 226 of the Constitution of India, the Court found no delay once that period was excluded, and condoned any residual delay. Appeal No. 97/2024 was remitted back to the Commissioner for re-registration and consideration on its own merit, with parties directed to appear on 13/05/2025 and disposal preferred within three months. Counsel for respondent No.5 had conceded that delay may be allowed and the matter remanded for consideration on merits.

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21 wp 5902-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

WRIT PETITION NO. 5902 OF 2024

Shri Bandu Deorao Asapwar

Vs.

The State of Maharashtra, Department of State Excise, Mumbai, through Secretary for Minister of State Excise and others

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Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions and Registrar's orders

Court's or Judge's orders

- - - - ---------------- - - - - - Shri S.S. Jagtap, Advocate for petitioner Shri H.D. Futane, AGP for respondent/State Shri A.R. Wagh, Advocate for respondent No.5

CORAM : SMT M.S. JAWALKAR, J. DATE : 28.04.2025

Heard learned Counsel for the petitioner and learned Counsel for respondents. The present petition is filed challenging the order passed by the Office of the Commissioner of State Excise, Maharashtra State in Appeal No. 97/2024. Learned Commissioner on 03/06/2024, rejected the appeal on the ground that it is not filed within limitation. It is admitted fact that order of Collector passed on 25/10/2023, which was challenged in Writ Petition No. 883/2024. The said writ petition came to be withdrawn on 04/03/2024 and petitioner herein, presented appeal before Commissioner on 20/03/2024. In view of this position, as such, there was no delay in filing appeal before the

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Commissioner, considering the fact that the petitioner was under bonafide belief pursuing the remedy under Article 226 of the Constitution of India. If that period is excluded there is no delay in filing appeal. Moreover, Counsel for respondent No.5 in paragraph No. 12, specifically stated that this Court may allow the delay in filing appeal and remand back the matter to the respondent No.2/Commissioner for consideration on merits. In view of this above factual position in my considered opinion there is no delay and even if there is some delay it is hereby condoned. The Appeal No. 97/2024 is remitted back to the Commissioner to re-register the appeal and consider it on its own merit.

Parties to appear before the learned Commissioner on 13/05/2025 along with copy of this order.

Learned Commissioner is directed to dispose of the appeal as expeditiously as possible preferably within three months from the date of appearance by the parties.

(SMT M.S. JAWALKAR, J.)

Jayashree..