Daulat Natthuji Tupat and Others v. Talathi, Mouze Wadgaon Rajdi, Dhamangaon Railway and Others
Case brief
What is this about?
Writ Petition No. 6786/2024, Bombay High Court, Nagpur Bench (2025:BHC-NAG:3989), oral judgment of M.S. Jawalkar, J., dated 17.04.2025. Petitioners: Daulat, Mahadeo and Sitaram Natthuji Tupat; Respondents: Talathi Mouze Wadgaon Rajdi, Tahsildar Dhamangaon Railway, Sub-Divisional Officer Chandur Railway, and Dadarao Natthuji Tupat (Resp. 4; counsel A.V. Bhide); State represented by AGP H.D. Dubey; petitioners' counsel J.J. Chandurkar. Subject: condonation of 30-year delay in Revenue Appeal No. RTS/64/Wadgaon-Rajdi/2022-23; SDO order dated 05.01.2024 assailed as unreasoned and passed without considering the reply and written notes of arguments of Respondent Nos. 2-5; order quashed and set aside; condonation application remitted for fresh decision, evidence to be recorded if required.
What did the court decide?
Writ Petition allowed; the order dated 05/01/2024 passed by the Respondent No. 3 - Sub-Divisional Officer in Revenue Appeal No. RTS/64/Wadgaon-Rajdi/2022-23 quashed and set aside; matter remitted to the Sub-Divisional Officer for afresh consideration of the application for condonation of delay, with liberty to record evidence if required; parties to appear before the Sub-Divisional Officer on the date fixed by him; petition and pending applications disposed of in the above terms.