SSK/935 1 WP/5360.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5360 OF 2011 Ughade Rahul Murlidhar ....Petitioner Versus Jivhala Apangamati Vikas Sanstha & Anr. ...Respondents Mr. I. M. Khairdi, Advocate for the petitioner. Mr. T. D. Deshmukh, Advocate for the respondents. CORAM : RANJIT MORE, J. DATED : 17th OCTOBER, 2011. P.C.: Heard learned counsel for the respective parties. 2. The petitioner by filing this writ petition under Article 227 of the Constitution of India challenges the Order dated 27th May, 2011 passed by the Divisional Social Welfare Officer, Latur Division, Latur in Appeal No. 2 of 2011. By the said order, the petitioner’s appeal came to be dismissed on the ground that the same is filed beyond limitation by 10 months and 14 days and the petitioner has not even applied for condonation of delay. The appellate authority has not gone into the merits of the petitioner’s claim. In these circumstances, by the consent of learned counsel appearing for the respective parties, the writ petition is disposed of in the following terms. 1. The impugned Order dated 27th May, 2011 passed by the Divisional Social Welfare Officer, Latur Division, Latur in Appeal No.2 of 2011 is quashed and set-aside. SSK/935 2 WP/5360.11 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 Divisional Social Welfare Officer, Latur Division, Latur shall dispose of the same independently on its own merits and in accordance with law after granting an opportunity of hearing to respondent no.1. 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. 4. In case the appellate authority i.e. the Divisional Social Welfare Officer, Latur Division, Latur 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 Divisional Social Welfare Officer, Latur Division, Latur. (RANJIT MORE, J.)