PRAVIN GAJANAN THAKUR AND ORS vs SOU. KALPANA VIRBHADRA RAUT AND ORS

Judgment text excerpt

Megha 903_wp_5716_2024_fc.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5716 OF 2024 1. Pravin Gajanan Thakur 2. Smt. Rekha Gajanan Thakur 3. Sou. Anagha Ganesh Kathe 4. Sou. Sadhana Jayendra Pathare ...Petitioners V/s. 1. Kalpana Virbhadra Raut 2. Manohar Madhukar Mhatre 3. Sou. Kalavati Prakash Gharat 4. Sub Divisional Officer Alibag 5. Additional Collector Raigad,Alibag. ...Respondents ______________ Mr. Rohit D. Joshi for Petitioners. Mrs. V.S. Nimbalkar, AGP for Respondent/State. Mr. Saurabh K. Raut, (through VC) for Respondent No.1. ______________ CORAM : SANDEEP V. MARNE, J. Judgment reserved on : 14 February 2025. Judgment pronounced on : 21 February 2025. Judgment: 1. The issue of maintainability of a further appeal before the higher appellate authority against an order merely condoning the delay in filing of an appeal passed by the lower appellate authority under Section 251 of the Maharashtra Land Revenue Code, 1966 (MLRC) repeatedly attracts attention of this Court and there has already been sufficient jurisprudence on this issue in the form of Page No. 1 of 36 February 2025 Megha 903_wp_5716_2024_fc.docx judgments of coordinate benches of this Court. However, it is noticed that different interpretations of those judgments are often placed in support and against the contention of maintainability of such appeals, which has necessitated the present judgment so as to avoid confusion and achieve better clarity on the issue. 2. The issue arises in the light of challenge set up by the Petitioners to the order dated 2 August 2023 passed by the Additional Collector, Raigad, holding that the appeal is not maintainable against order dated 17 May 2023 passed by the Sub-Divisional Officer, Aligbag (SDO) allowing the applica