: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6582 OF 2008 WRIT PETITION NO.6582 OF 2008 WRIT PETITION NO.6582 OF 2008 Bhadani Developers Pvt. Ltd. ...Petitioner. V/s. Thane Municipal Corporation & Ors. ...Respondents. Mr.G.S.Godbole i/by Shri Yatin R. Shah , advs. for the Petitioner. Mr.Manohar Limaye , adv. for the Respondent No.1. Shri P.P.Kakade, AGP for the Respondent Nos.2,3 and 5. CORAM: Bilal Nazki CORAM: Bilal Nazki CORAM: Bilal Nazki & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 12th November, 2008. DATE : 12th November, 2008. DATE : 12th November, 2008. P.C.: P.C.: P.C.: 1. Petitioner has challenged the order of the Government passed in appeal filed by him. The Government found that the appeal was time barred but still considered the appeal of the petitioner by way of representation and passed an order on merits. We feel that the Government after finding the appeal time barred should not have gone into the merits of the appeal and if the Government had passed the order on merits, it should have given hearing to the parties. Admittedly, appeal is barred by two years and the Government did not have power to condone the delay. The order of dismissing the appeal can not be varied. Therefore, we dispose off the writ petition with : 2 : observation that the order of the dismissal should be taken as order of the dismissal because the appeal was filed beyond time and it should not be taken as an order passed on the merits. Whatever has been stated about merits of the controversy in the impugned order is set aside. Petitioner may seek any other remedy that may be available to him under the law. (Bilal Nazki, J.) (Bilal Nazki, J.) (Bilal Nazki, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)