IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12697 OF 2024 Kavita Jeetu Khemani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents WITH CONTEMPT PETITION (st) NO. 33221 OF 2025 IN WRIT PETITION NO. 12697 OF 2024 Kavita Jeetu Khemani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents WITH WRIT PETITION NO. 12698 OF 2024 Kavita Jeetu Khemani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents WITH CONTEMPT PETITION (st) NO. 33223 OF 2025 IN WRIT PETITION NO. 12698 OF 2024 Kavita Jeetu Khemani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents WITH 1/5 49.WP.12697.2024.doc Sufiyan Syed - PA WRIT PETITION NO. 12699 OF 2024 Kavita Jeetu Khemani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents WITH CONTEMPT PETITION (st) NO. 33053 OF 2025 IN WRIT PETITION NO. 12699 OF 2024 Kavita Jeetu Khemani & Anr. .. Petitioners Vs. The State of Maharashtra & Anr. .. Respondents Adv. Surel a/w Adv. Saakshat Relekar a/w Adv. Amey Deshpande, Adv. Vandana Bait, Adv. Harsh Mishar, for Petitioners. Adv. Vivek M. Punjabi a/w Adv. Priyansh R. Jain, Adv. Sahil Panjwani, Ad, Ritik Gupta, for Respondent Nos. 2 to 6 in WP No. 12699 of 2024, Respondent No. 2, 3A to 3D & 4 in WP No. 12698 of 2024, Respondent No. 2 & 3 in WP No. 12699 of 2024. S. D. Chipade, AGP for the State in WP No. 12697 of 2024. S. L. Babar, AGP for the State in CP No. 33221 of 2025. Mamta S. Strivastava, AGP for the State in WP No. 12698 of 2024. V. R. Raje, AGP for the State in CP No. 33223 of 2025. A. A. Nadkarni, AGP for the State in WP No. 12699 of 2024. Dr. D. M. Kapadia, AGP for the State in CP No. 33053 of 2025. CORAM : ARUN R. PEDNEKER, J. Date : 1st SEPTEMBER 2026 P.C. : 1. Heard the learned counsel for the Petitioner. 2/5 49.WP.12697.2024.doc Sufiyan Syed - PA 2. Learned counsel appearing for the Petitioner challenges the interim order passed by the Hon’ble Minister condoning the delay in entertaining the Revision Petition. This Court by order dated 12th September 2024 in the present Writ Petition passed following order and is quoted below : . Heard. 2. The learned counsel for the Petitioner submits that, Revenue Minister has passed impugned order dated 22nd July 2024 condoning delay of 7 years and 56 days without taking into consideration the submissions of the Petitioner. He draw attention of the Court to the reply dated 2nd July 2024 with acknowledgment of the concerned department. This according to him indicates that, said reply was before the Ministry however without considering the same order impugned came to be passed. He apprehends that the proceedings are kept for order and prejudice of irreparable cause to the Petitioner, if proceeding before Minister is not stayed. 3. In the aforesaid facts, arguable case made out by the Petitioner. Hence, issue notice to the Respondents, returnable on 3rd October 2024. In addition to the usual mode of service private service is permitted. 4. There shall be ad-interim relief in terms of prayer Clause (C) till next date of hearing. 3. Learned counsel further submits that although this Court passed an ad- interim reliefs in terms of prayer clause (C), the Hon’ble Minister has proceeded to pass final order. Prayer Clause (C) is quoted below : C) Till the hearing and final disposal of the present Petition this Hon’ble Court be pleased to stay the further proceedings 3/5 49.WP.12697.2024.doc Sufiyan Syed - PA pending before the Hon’ble Minister bearing Revision No. 2796 of 2024 ; This Court had stayed the further proceedings before the Hon’ble Minister in the Revision Petition No. 2796 of 2024. However, the Minister proceeded to pass final orders dated 14.10.2024 in the Revision Petition. 4. Learned counsel for the Petitioner submits that once the ad-interim order was passed, the Hon’ble Minister ought not to have proceeded with the matter more particularly when the learned AGP was appearing in the matter. 5. Learned AGP on instructions submits that in the file they have an communication address to the Minister, which indicates that the stay order has been communicated to the concerned office. Be that as it may, once the stay order was passed, the Minister ought not have proceeded with the matter. The revisional authority ought not to proceeded with the matter and pass final order. Accordingly, the final order dated 14.10.2024 of the Minister is quashed and set aside. As regards the first impugned order dated 22nd July 2024 of condoning delay of 7 years and 56 days, it is pointed out that the Petitioners submissions were already on record and the same is reflected on the Page No. 34 of the Petition. However, the Minister has not taken the same into consideration while condoning the delay. This fact has not been disputed by the Respondent also by the State that the concerned 4/5 49.WP.12697.2024.doc Sufiyan Syed - PA reply filed by the Petitioner is not reflected in the interim order of the Minister dated 22nd July 2024 condoning the delay. Considering the same the interim order dated 22nd July 2024 is also quashed and set aside and the matter is remitted back to the Minister to decide the condonation of delay application and if he condones the delay, thereafter to decide the appeal. 6. Accordingly, Writ Petitions and Contempt Petitions disposed of. 7. Since the matters are pending for long period of time, the Hon’ble Minister to decide the matter expeditiously. (ARUN R. PEDNEKER, J.) 5/5 49.WP.12697.2024.doc Sufiyan Syed - PA