Bombay High Court

RAOSAHEB VITTHAL MULEYversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The writ petition is dismissed due to the unexplained delay of more than 50 years in filing the application.

Summary

The petitioner, Raosaheb Vitthal Muley, filed a writ petition challenging an order dated 7 September 2022 that rejected his application filed on 9 September 2021 on the ground of delay. He contended that he was not given an opportunity of hearing and sought quashing of the order and a remand for consideration on merits. The Court examined the record and noted that the consolidation scheme in question was finalized in 1971, making the petitioner's filing more than 50 years late. No satisfactory explanation for such an extensive delay was provided. Consequently, the Court held that the unexplained delay warranted dismissal of the writ petition. The petition was therefore dismissed.

Issues considered

What is the effect of an unexplained delay of over 50 years on the validity of a petitioner's application?
Whether the denial of a hearing to the petitioner warrants setting aside the order rejecting the application.

Subjects

delay
writ petition
hearing
administrative law
limitation
consolidation scheme

Judgment

2026:BHC-AUG:45587-DB


                                               {1}                   89-WP-6480-2023

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                                WRIT PETITION NO. 6480 OF 2023

                                     Raosaheb Vitthal Muley
                                             VERSUS
                              The State Of Maharashtra And Others
                                                 ...
              Mr. Mahesh P. Kale, Advocate for the Petitioner
              Ms. Neha Kamble, AGP for State
                                               .......

                                    CORAM : NITIN B. SURYAWANSHI AND
                                               ABASAHEB D. SHINDE, JJ.


                                       DATE : 28th SEPTEMBER, 2026
              PER COURT :

              1.   This petition challenges order dated 07.09.2022 passed by

              Respondent No. 3 thereby rejecting application filed by the Petitioner

              on 09.09.2021 on the ground of delay.


              2.   It is the case of the Petitioner that no opportunity of hearing was

              given to the petitioner, therefore, the impugned order be quashed and

              set aside and matter be relegated back to Respondent No. 3 for

              consideration on merits by giving opportunity of hearing to all the

              concerned.


              3.   Heard learned Advocate for the Petitioner and learned AGP for

              the State. Perused the record.
                                        {2}                     89-WP-6480-2023

4.       It is a matter of record that the consolidation scheme was

finalized          in   the   year   1971     and   the   petitioner   has   filed

application/objection on 09.09.2021 i.e. after the delay of more than

50 years. No adequate reason is given by the petitioner for

approaching the Authorities with such an enormous delay.


5.       In view of the unexplained delay of more than 50 years, the writ

petition is dismissed.



(ABASAHEB D. SHINDE, J.)                      (NITIN B. SURYAWANSHI, J.)




Bhagyawant Punde

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