1 wp5315.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.5315 OF 2010 Swami Samarth Shikshan Sanstha Through its Secretary ...Petitioner vs. Kalyan Dombivali Municipal Corporation Through City Engineer Shri P.K.Ugale and others ...Respondents Mr.A.Y.Sakhare, Sr.counsel i/b Mr.U.B.Nighot for the petitioner Mr.A.S.Rao for respondent no.1 Mr.C.R.Sonawane, A.G.P for respondent nos.2 to 4 Mr.Girish J. Paryani for the respondent no.5 CORAM :A.S.OKA,J. DATE : OCTOBER 4, 2010 P.C. 1 Heard the learned senior counsel for the petitioner, learned counsel for the 1 st respondent, learned A.G.P for 2 nd to 4 th respondents and the learned counsel for the 5 th respondent. Perused the record of the review petition. Perusal of the record shows that though there was a delay in filing the review petition and though a separate application for condonation of delay was filed, there is no order passed on the application for condonation of delay by which the delay has been condoned. Without taking up the delay condonation application for hearing and without condoning the delay, the State Government could not have entertained the review petition. The learned A.G.P in view of the aforesaid factual situation states that the matter may be sent back to the State Government with a direction to hear the application for condonation of delay. The aforesaid statement is made by the learned 2 wp5315.sxw A.G.P on instructions of Mr.C.C.Gajre, Under Secretary, Revenue and Forest Department. The said suggestion is reasonable which deserves to be accepted. 2 Hence, the petition is disposed of by passing the following order : i) Impugned order dated 18 th June 2010 is quashed and set aside. ii) The parties are directed to appear before the concerned Authority on 21 st October 2010 at 11.00 a.m. for fixing the date of hearing of the application for condonation of delay. If reply to the application for condonation of delay has not yet been filed, the same shall be filed on 21 st October 2010. iii)It is made clear that no further notice of hearing of the application for condonation of delay will be served to the parties. iv)The State Government will take up the application for condonation of delay for hearing. The application for condonation of delay shall be heard as expeditiously as possible and in any event the same shall be decided within a period of three weeks from the date of appearance of the parties. Unless the application for condonation of delay is allowed on merits, the review application shall not be taken up for hearing. v) Writ petition is disposed of in above terms. JUDGE