1 wp575.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 575 OF 2011 Kishanlal S/o Bhagwandas Kalda and others ..PETITIONERS -VERSUS- The Aurangabad Municipal Corporation, Aurangabad and another ..RESPONDENTS ..... Mr. R.R. Mantri, advocate for petitioners Mrs. M.A. Deshpande, advocate for respondent no.1. Mr. S.V. Kurundkar, Addl. G.P. for respondent no.2. ..... (CORAM : B.P. DHARMADHIKARI, J.) DATED : 21st March, 2011. PER COURT : 1. Heard Advocates Mr. Mantri for petitioners, Mrs. Deshpande for respondent no.1 and learned Addl.G.P. for respondent no.2. 2. Advocate Mrs. Deshpande for respondent no.1 contends that remedy of moving very same authority under Section 32 of the Maharashtra Land Revenue Code, 1966 is available to the petitioners. 3. Petitioners before this Court are not trying to justify their absence on 13.12.2010 when the impugned order condoning the delay came to be passed. 2 wp575.11 4. Perusal of the impugned order itself shows that only to facilitate the consideration of controversy on merits, the delay has been condoned. The delay could have been condoned after recording a finding of existence of just and sufficient reasons therefor. According to Advocate Mrs. Deshpande, the order is passed on application for condonation of delay and hence reasons given in that application are impliedly accepted. The contention can not be accepted. The order is quasi-judicial order, and therefore has to be self sustaining and independent. The reasons can not be incorporated therein by any other means or by referring to some other documents. 5. Only to find out whether there was just and sufficient reason for not approaching the respondent no.2 within limitation, the impugned order dated 13.12.2010 is quashed and set aside. Prayer for condonation of delay is restored back to the file of respondent no.2 for taking fresh decision after hearing the parties at the earliest. 6. With above directions and observations, the present Writ Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp575.11