Vallabh Shripad Keskar v. The State Of Maharashtra & Anr.

--- Mr.A.S.Khandeparkar with Ms. Shipla Joshi for the Petitioner. Mr. R.M. Patne, AGP for the Respondent Nos. 1 & 2. --- CORAM : G.S. GODBOLE, DATE : 16 th MARCH, 2012 P.C. : 1 Rule. Rule made returnable forthwith. Mr. Patne, AGP, waives service on behalf of the Respondent No. 1 and 2. 2 The Petitioner had filed an Appeal under section 8 (d) of the Bombay Land Requisition Act, 1948 before the Appellate Authority of the State Government on 20.11.2011 for challenging the order dated 14th August, 2006 passed by the Competent Authority. Since there was delay in filing the Appeal, a separate Application for condonation of the delay was filed. By the impugned order dated 22.12.2011, the 906wp-1587-12.sxw Appellate Authority has dismissed the Application for condonation of the delay without hearing the Petitioner and the only reason given for dismissing the Application is that the delay is not properly explained. 3 Thus impugned order is passed in complete breach of rules of natural justice. Proviso to sub-section (2) of Section 8(d) of the Bombay Land Requisition Act, 1948 empowers the State Government to entertain Appeal after expiry of statutory period of 30 days. Since an Application for condonation of the delay was filed by the Petitioner, the same could not have been dismissed by the Appellate Authority without offering an opportunity of hearing to the Petitioner or his Advocate. Precisely this mistake has been committed by the Appellate Authority. 4 Hence, case for interference is made out. The impugned order is hereby quashed and set aside. 906wp-1587-12.sxw 5 The Application for condonation of the delay filed by the Petitioner is restored to file and the Respondent Appellate Authority is directed to hear and decide the said Application afresh in accordance with the law and after giving opportunity of hearing to the Advocate of the Petitioner or the Petitioner. 6 The Petitioner shall appear before the Appellate Authority with the authenticated copy of this order on 2nd April, 2012. Till the hearing of the Application for condonation of the delay, the Petitioner shall not be dispossessed. (G.S. Godbole, J.)