srp HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 745 OF 2008. WRIT PETITION NO. 745 OF 2008. WRIT PETITION NO. 745 OF 2008. --------------------------------l------------------------------ Office Notes, Office Memoranda l of Coram, appearances, Court’s l Orders or directions and l Registrar’s orders. l Court’s or Judges’ Order --------------------------------i------------------------------ Mr. D. S. Sakhalkar i/b Mr. S. P. Shetye for the petitioner. Mr. N. P. Pandit, AGP for respondent Nos. 1 to 3. CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ CORAM: S.B.MHASE & A.A.KUMBHAKONI, JJ. DATE: June 24, 2008. DATE: June 24, 2008. DATE: June 24, 2008. P.C. P.C. P.C. 1. Heard learned counsel. An order was passed on 2nd June 2001 under the Maharashtra Urban Land (Ceiling & Regulation) Act, 1976 and area admeasuring 772.60 sq. mtrs. was declared as surplus land. Thereafter the petitioners filed appeal on 23rd January 2008 without any applicaiton for condonation of delay. It is also pertinent to note that when the appeal was filed the ULC Act was already repealed and therefore the appeal was not entertainable. The appeal has been accordingly dismissed. 2. Learned counsel for the petitioner contends that there is no remedy available to him therefore he has approached this Court under Article 226 of the Constitution. 3. This petition itself is a mischievous petition. The petitioner should have filed appeal immediately after 2nd June 2001 when his land was declared surplus. Having not filed appeal in time, now when the Act is repealed, the petitioner is claiming that there has no remedy available to him. 3. The conduct of the petitoner does not inspire confidence. We find that the petitioner is not coming to this Court with clean hands. The delay and latches on the part of the petitoner is also not explained in the petition as well as in the appeal memo. 4. In the circumstances, we refrain ourselves from entertaining the petition. Petition is accordingly dismissed. (A.A.KUMBHAKONI,J.) (S.B.MHASE, J.) (A.A.KUMBHAKONI,J.) (S.B.MHASE, J.) (A.A.KUMBHAKONI,J.) (S.B.MHASE, J.) :2008/aak/..