1 lpa206.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD LETTERS PATENT APPEAL NO. 206 OF 2011 WITH CIVIL APPLICATION NO. 6859 OF 2011 IN WRIT PETITION NO. 6968 OF 2010 Hamid S/o Mehmood Pathan ..APPELLANT VERSUS The State of Maharashtra and others RESPONDENTS ..... Shri M.B. Kolpe, Advocate for the appellant. Shri S.V. Kurundkar, Addl. Government Pleader for Respondent nos. 1 to 3. Shri S.S. Jadhavar, Advocate for respondent no.4. Shri V.B. Deshmukh, Advocate for the respondent nos. 5 to 7. ..... (CORAM : SMT. NISHITA MHATRE AND M.T. JOSHI, JJ. DATED : 16th June, 2011. PER COURT : 1. The appellant is aggrieved by the decision of the learned Single Judge, dated 6th April, 2011 in Writ Petition no. 6968 of 2010, which confirms the order passed by the Superintendent of Land Records, Aurangabad, in Appeal/S.R. 706 of 2009. By the said order, the Superintendent of Land Records has condoned the delay, which, according to the appellant, is of 24 years. 2 lpa206.11 2. We have, with the assistance of the learned Counsel for the parties, perused the copy of the order of the Superintendent of Land Records, as well as the order impugned in the present appeal. We are afraid, that neither the authority below nor the learned Single Judge have alluded to the reasons for the delay mentioned by Respondent no.4, or later by the respondent nos. 4A to 4G, after the death of the respondent no.4. We are, therefore, unable to justify both these orders. There is no discussion at all in both the orders as to whether the delay is of one year, as contended by respondent nos. 4A to 4G, or 24 years, as contended by the appellant. 3. In these circumstances, we are of the view that both the orders deserve to be set aside. Accordingly, the appeal is allowed. The order passed by the learned Single Judge on 6th April, 2011 is set aside. The order passed by the Superintendent of Land Records on 7th May, 2010 is also set aside. The Superintendent of Land Records shall hear the parties afresh and pass an appropriate order, as to whether the delay caused in filing the proceedings before him, should be condoned. The reasons for the delay and for condoning it, must be reflected in the final order, passed by him. We are informed that the matter has been placed before the Superintendent of Land Records, on 20th June, 2011. 3 lpa206.11 The parties shall appear before him and apprise him of the present order. The Superintendent shall decide the application for condoning the delay within three months from today. 4. The parties to act upon the copy of this order duly authenticated by the Court Shirestedar. 5. Civil Application has become infructuous, in view of the appeal being disposed of. (M.T. JOSHI, J.) (SMT. NISHITA MHATRE, J.) ga s/lpa206.11