1 wp-1470-11.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1470 OF 2011 Bhagyashri Yashwantrao Shinde .... Petitioner vs The State of Maharashtra & ors. .... Respondents Mr. R.S. Kate for the petitioner. None for respondents. CORAM: D. K. DESHMUKH & ANOOP V. MOHTA, JJ. DATE : September 13, 2011 P.C.: By this Petition, the Petitioner challenges the order dated 9 December 2010 passed by the Divisional Commissioner. The learned counsel for the Petitioner submits that by this order the Divisional Commissioner has modified the order dated 11 December 2002 passed by the Commissioner. We asked the learned counsel whether before passing the order impugned in the Petition, the Commissioner had issued any notice to the Petitioner, the learned counsel answered in 2 wp-1470-11.sxw the affirmative. Therefore, we asked the learned counsel to point out the averments made in the Petition that the Petitioner had received any notice from the Commissioner. There is no averment in the Petition. There is no averment in the Petition whether any notice was received from the Commissioner and if such notice was received whether any reply was filed by the Petitioner. In the Petition, it is submitted that there is delay in filing review application and therefore without condoning the delay in filing the review application, the order could not have been passed. But there is no averment in the Petition the the Land Revenue Code or any law under which the order has been passed provides for any period of limitation for filing the review application. Without an averment that the law provides for a period of limitation, there is no question of condonation of delay. It is thus clear that the Petition has been filed in a most casual manner and, therefore, in such a Petition which is filed casually, an order passed by the Commissioner to which a presumption of validity attaches in view of the provisions of the Evidence Act cannot be disturbed. The Petition is rejected. No costs. (ANOOP V. MOHTA, J.) (D. K. DESHMUKH,J.)