SSK/936 1 WP/5922.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5922 OF 2011 Shri Vitthalbhai Purshottam Patel ....Petitioner Versus The Deputy Inspector General of Registration & Deputy Controller of Stamps, Pune Division, Pune. ...Respondents Mr. Dilip Bodake, learned counsel for the petitioner. Mr. R. M. Patne, learned AGP for respondent nos. 1 & 2. CORAM : RANJIT MORE, J. DATED : 17th OCTOBER, 2011. P.C.: The petitioner by filing this writ petition under Article 227 of the Constitution of India challenges the Order dated 1/5th March, 2011 passed by respondent no.1- the Deputy Inspector General of Registration and Deputy Controller of Stamps, Pune, Division, Pune in appeal under Section 32 of the Bombay Stamp Act, 1958. By the said order, the petitioner’s appeal was dismissed on the ground that the same was preferred after a delay of 10 years and one month when it is required to be preferred within a period of 60 days from the date of the order impugned in the appeal. The petitioner has not filed any application for condonation of delay, and therefore, respondent no.1 has not gone into the merits of the appeal as well as merits of the petitioner’s case for condonation of delay. In these SSK/936 2 WP/5922.11 circumstances, by the consent of learned counsel for the respective parties, the writ petition is disposed of in the following terms : 1. The impugned order dated 1/5th March , 2011 passed by respondent no.1- the Deputy Inspector General of Registration and Deputy Controller of Stamps, Pune, Division, Pune in Appeal No.1639 of 2011 is quashed and set-aside. 2. The petitioner is granted liberty to make an application explaining the circumstances in which the delay in filing the appeal occurred. 3. If the petitioner makes such an application within a period of four weeks from today, the appellate authority i.e. the 1st respondent- the Deputy Inspector General of Registration and Deputy Controller of Stamps, Pune, Division, Pune shall dispose of the same independently on its own merits and in accordance with law after granting an opportunity of hearing to the parties. The said application shall be disposed of as expeditiously as possible and, in any case, within a period of eight weeks from the date of receipt thereof. SSK/936 3 WP/5922.11 4. In case the 1st respondent - the Deputy Inspector General of Registration and Deputy Controller of Stamps, Pune, Division, Pune, comes to the conclusion that the petitioner has explained the delay satisfactorily, the petitioner’s appeal will be heard on merits. 5. It is made clear that all the points and contentions of both the parties on merit are expressly kept open to be agitated before the 1st respondent-the Deputy Inspector General of Registration and Deputy Controller of Stamps, Pune, Division, Pune . (RANJIT MORE, J.)