(1) 902-ca-13598-2024.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13598 OF 2024 IN RAST/32351/2024 THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS VERSUS SUGREEV ROKDOBA MEKLE AND OTHERS ... Mr. G. A. Kulkarni, AGP for Applicants. Mr. K. P. Rodge, Advocate for Respondent No.1. Mr. G. J. Pahilwan (asbent), Advocate for Respondent Nos.4 and 5. ... CORAM : SMT. VIBHA KANKANWADI AND S. G. CHAPALGAONKAR, JJ. DATED : 03rd APRIL, 2025. P.C. 1. The present application has been filed for condonation of delay of 235 days caused in filing Review Application in Writ Petition No.6819/2023. 2. The State intends to file Review Application challenging order passed by this Court in said Writ Petition on 06.03.2024. 3. Heard Mr. Kulkarni, learned AGP for the applicants and Mr. Rodge, learned Advocate for respondent no.1/original petitioner. The learned Advocate for respondent nos.2 and 3 i.e. original respondent nos.4 and 5 is absent. 4. The learned AGP submits that after judgment and order was pronounced by this Court on 06.03.2024, the office of applicant no.2 i.e. the Commissioner for Welfare of Handicapped had requested concerned Assistant Government Pleader for his opinion for filing Review and/or Special Leave Petition before the Hon’ble Apex Court. After legal opinion was given, decision was taken to file Review. The Law and Judiciary Department had instructed office 2025:BHC-AUG:9905-DB (2) 902-ca-13598-2024.odt of Government Pleader, Aurangabad to prepare and file Review by communication dated 15.10.2024. The matter was assigned to Assistant Government Pleader, but thereafter there was Diwali Vacation and, therefore, there is delay. 5. The learned Advocate for respondent no.1/original petitioner objects and submits that infact when judgment and order passed in Writ Petition was not obeyed by the State, the petitioner had filed contempt petition and when notice was issued to the applicants, thereafter applicants had moved. There is no reasonable ground that has been shown for condoning delay. 6. At the outset, applicants have tried to give reasons only in one paragraph and in the earlier paragraphs delay of 235 days has been described as a short delay. In order to support statement in paragraph no.5, only one document has been annexed i.e. communication dated 15.10.2024 by Law and Judiciary Department. There is intentional suppression by applicants as to when they had applied for certified copies of the judgment and order dated 06.03.2024 passed by this Court in Writ Petition, when office of applicant no.2 had made communication to the concerned Assistant Government Pleader for his opinion for filing Review and/or Special Leave Petition and when legal opinion is given by learned AGP and then when the fact of filing Review was communicated to Law and Judiciary Department. All those details are missing. 7. The learned AGP relies on the observations of the Apex Court in case of Inder Singh Vs. The State of Madhya Pradesh Civil Application No. of 2025 [@ Special Leave Petition (Civil) No.6145 of 2024] decided on 21.03.2025, which reads thus: (3) 902-ca-13598-2024.odt “14. There can be no quarrel on the settled principle of law that delay cannot be condoned without sufficient cause, but a major aspect which has to be kept in mind is that, if in a particular case, the merits have to be examined, it should not be scuttled merely on the basis of limitation.” 8. Here taking into consideration the grounds raised in Review Application, both parties are required to be given opportunity to make their respective submissions and, therefore, we may take this to be a case where delay deserves to be condoned. However, at the same time for suppression of material fact for inordinate delay, we impose cost. 9. For above said reasons, we proceed to pass following order: ORDER a. Civil Application stands allowed. b. Delay of 235 days caused in filing Review Application is condoned subject to deposit of cost of Rs.50,000/- (Rs. Fifty Thousand only), to be deposited within a period of three weeks with this Court. c. After amount is deposited, Review Application be registered. d. After amount is deposited, it be disbursed to respondent no.1/original petitioner. e. After Review Application is registered, place the matter for further hearing on 13.06.2025. (S. G. CHAPALGAONKAR) (SMT. VIBHA KANKANWADI) JUDGE JUDGE Devendra/April-2025