Bombay High Court

SALEBEEN AHMED DIED THROUGH LRS KHAIRUNABEE MUBARAK CHOUSEversusTHE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

Disposal: DISPOSED OFF

Holding

The petition was dismissed on account of an unexplained delay of more than fifty years.

Summary

The petitioner, Salebeen Ahmed Died Through Lrs Khairunabee Mubarak Chouse, filed a writ petition challenging an order dated 29 March 2023 that rejected an application filed on 24 November 2022 on the ground of delay. The petitioner alleged that no opportunity of hearing was afforded and sought quashing of the order and a rehearing 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 fifty years late. No satisfactory explanation for such a prolonged delay was provided. Consequently, the Court held that the unexplained delay warranted dismissal of the writ petition.

Issues considered

Whether the petitioner's delay of over fifty years in filing the application warrants dismissal of the writ petition.
Whether the failure to grant a hearing violates the principles of natural justice.

Subjects

writ petition
delay
natural justice
consolidation scheme
Maharashtra
High Court
dismissal

Judgment

2026:BHC-AUG:45588-DB


                                               {1}                  89.1-wp-6486-2023

                        IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                   BENCH AT AURANGABAD

                              89 WRIT PETITION NO. 6486 OF 2023

                 Salebeen Ahmed Died Through Lrs Khairunabee Mubarak Chouse
                                            VERSUS
                              The State Of Maharashtra And Others
                                               ...
              Mr. Shaikh Kayyum Najir, 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 29.03.2023 passed by

              Respondent No. 3 thereby rejecting application filed by the Petitioner

              on 24.11.2022 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}                    89.1-wp-6486-2023

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 24.11.2022 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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