Bombay High Court
Rony Jocky D'Souza And Ors vs Shri. Rajgonda Bhimgonda Patil And Ors on 14 October, 2024
Author: M.S.Sonak
Bench: M.S.Sonak
Rony Jocky D'souza and ors. v Rajgonda
2024:BHC-AS:40603-DB Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
Pradnya
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
REVIEW PETITION NO. 5 OF 2023
IN
WRIT PETITION NO. 11997 OF 2016
1. RONY JOCKY D'SOUZA,
Age 36 yrs., Occ : Agri.,
R/at. Chaphodi,
Taluka Radhanagari,
District Kolhapur
2. STELLA JOHN D'SOUZA,
Age 43 yrs., Occ : Housewife,
R/at. Chaphodi,
Taluka Radhanagari,
District Kolhapur
3. ANTU BABU BARDESKAR,
Since deceased through LRs
Rosalin Antu Bardeskar
Since deceased through LRs
Fatima Motes Lobo
Age 64 yrs., Occ : Nil
R/at. Donawade, Taluka Bhudergad,
District Kolhapur ...PETITIONERS
~ VERSUS ~
1. RAJGONDA BHIMGONDA PATIL,
Age 75 yrs., Occ: Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur
Page 1 of 7
Rony Jocky D'souza and ors. v Rajgonda
Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
2. BHIMGONDA RAMGONDA PATIL,
Through I/R. Amor Patil
Age. 34 yrs., Occ : Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur.
3. STATE OF MAHARASHTRA,
Through General Administration,
Department, Mantralaya, Mumbai.
4. THE ADDITIONAL COLLECTOR AT
KOLHAPUR,
Collector Office, Swaraj Bhavan,
Nagala Park, Kolhapur
5. THE SPECIAL LAND ACQUISITION
OFFICER - 12,
Collector Office, Swaraj Bhavan,
Nagala Park, Kolhapur
6. THE DISTRICT SETTLEMENT OFFICER,
C/o. Collector Office, Swaraj
Bhavan, Nagala Park, Kolhapur
7. THE TAHSILDAR/EXECUTIVE
MAGISTRATE, KARVEER,
Near Town Hall, Taluka Karveer,
District Kolhapur
8. SHEVANTABAI BHIMGONDA PATIL,
Through L/R Amol Patil,
Age 34 yrs., Occ : Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur
9. RAJSHREE RAJGONDA PATIL,
Through L/R. Amol Patil
Age 35 yrs., Occ : Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur. ...RESPONDENTS
Page 2 of 7
Rony Jocky D'souza and ors. v Rajgonda
Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
ALONG WITH
CIVIL APPLICATION NO. 2 OF 2023
IN
REVIEW PETITION NO. 5 OF 2023
IN
WRIT PETITION NO. 11997 OF 2016
1. RONY JOCKY D'SOUZA,
Age 36 yrs., Occ : Agri.,
R/at. Chaphodi,
Taluka Radhanagari,
District Kolhapur
2. STELLA JOHN D'SOUZA,
Age 43 yrs., Occ : Housewife,
R/at. Chaphodi,
Taluka Radhanagari,
District Kolhapur
3. ANTU BABU BARDESKAR,
Since deceased through LRs
Rosalin Antu Bardeskar
Since deceased through LRs
Fatima Motes Lobo
Age 60 yrs., Occ : Nil
Bhudergad, District Kolhapur
...APPLICANTS
~ VERSUS ~
1. RAJGONDA BHIMGONDA PATIL,
Age 75 yrs., Occ: Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur
Page 3 of 7
Rony Jocky D'souza and ors. v Rajgonda
Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
2. BHIMGONDA RAMGONDA PATIL,
Through I/R. Amor Patil
Age 34 yrs., Occ : Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur
3. STATE OF MAHARASHTRA,
Through General Administration,
Department, Mantralaya, Mumbai.
4. THE ADDITIONAL COLLECTOR AT
KOLHAPUR,
Collector Office, Swaraj Bhavan,
Nagala Park, Kolhapur
5. THE SPECIAL LAND ACQUISITION
OFFICER - 12,
Collector Office, Swaraj Bhavan,
Nagala Park, Kolhapur
6. THE DISTRICT SETTLEMENT OFFICER,
C/o. Collector Office, Swaraj
Bhavan, Nagala Park, Kolhapur
7. THE TAHSILDAR/EXECUTIVE
MAGISTRATE, KARVEER,
Near Town Hall, Taluka Karveer,
District Kolhapur
8. SHEVANTABAI BHIMGONDA PATIL,
Through L/R Amol Patil,
Age 34 yrs., Occ : Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur
9. RAJSHREE RAJGONDA PATIL,
Through L/R Amol Patil
Age 35 yrs., Occ : Agri.,
R/at. Uchagaon, Taluka Karveer,
District Kolhapur. ...RESPONDENTS
Page 4 of 7
Rony Jocky D'souza and ors. v Rajgonda
Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
A PPEARANCES
FOR THE PETITIONERS IN Mr Vijay Killedar.
RPW/5/2023 AND FOR THE
APPLICANTS IN
CAO/2/2023
FOR THE PETITIONERS IN Mr Pandit Kasar.
WP/11997/2016
CORAM : M.S.Sonak &
Kamal Khata, JJ.
RESERVED ON : 04 October 2024
PRONOUNCED ON : 14 October 2024
JUDGMENT (Per MS Sonak J):
-
1. This Civil Application and Review Petition were not on
board. However, on mentioning, the same were taken on
board and disposed of along with connected Review Petitions.
2. Civil Application No.2 of 2023 seeks condonation for the
delay of 1 year and 172 days in instituting the Review
Petition, seeking a review of the judgment and order dated 15
November 2017 in Writ Petition No.11997 of 2016.
3. We have perused the explanation offered. Most of the
averments in the Application relate to the merits of the
Review Petition. The allegation is that the original Petitioners
suppressed a material document indicating that compensation
was tendered to them, and the present Review Petitioners
took considerable time to obtain this document. Regarding
several essential aspects, the Applicants claimed they did not
Rony Jocky D'souza and ors. v Rajgonda
Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
know. The delay in this case is substantial, and the cause
shown is more an excuse than an explanation.
4. The contentions in the Application seeking condonation
of delay or this Review Petition are not substantially different
from those contained in Review Petition (Stamp) No.2722 of
2024 and Interim Application No.1686 of 2024 filed by
William Anton D'souza. Similarly, several of the grounds
urged in the Review Petition are not, at least in substance,
different from those urged by the State Government in Review
Petition (Stamp) No.19950 of 2022.
5. By separate orders made today, we have dismissed the
Application for condonation of delay filed by the State
Government and William Anton D'souza. In the said orders,
we have held that even if we condone the inordinate delay in
instituting the Review Petitions, still, on merits, the Review
Petitions were liable to be dismissed. We have considered all
arguments, including the arguments of fraud, suppression of
material facts by the original Petitioners, etc. and given our
reasons why we cannot accept the same.
6. Therefore, by adopting the reasoning in the above two
orders dismissing the Applications for condonation of delay
and the Review Petitions filed by the State Government and
William Anton D'souza, we dismiss this Application for
condonation of delay and the Review Petition. We clarify that
even if we condone the delay, no case was made out to
entertain the Review Petition, which was liable to be
dismissed on merits.
Rony Jocky D'souza and ors. v Rajgonda
Bhimgonda Patil and ors.
RPW-5-2023 & anr(F).docx
7. For all the above reasons, we dismiss Civil Application
No.2 of 2023 and Review Petition No.5 of 2023.
(Kamal Khata, J) (M. S. Sonak, J)
Signed by: Pradnya Bhogale
Date: 14/10/2024 17:42:11
