A J SALDHANA Vs. ADDITIONAL COLLECTOR

JUDGEMENT

(1.) RULE.

(2.) THE learned A. G. P. waives service on behalf of respondent No. 1. Shri Purohit waives service for respondent Nos. 2, 3, 4 and 7. He undertakes to file power on behalf of respondent No. 7, within two weeks. By consent the matter is heard.

(3.) THE writ petition impugns an order passed by the Additional Collector, Nagpur on 16-5-1998 by which he has refused to entertain an appeal against the order dated 28-1-1998 passed by the Rent Controller, Nagpur on the ground the appeal was filed beyond the period of limitation and that he, as the Appellate Authority had no power to condone the delay. The order has been passed on the basis of judgment of this Court in the case of Dinesh v. Somani Radio Corporation. The ratio in the said judgment is no longer good law in view of the decision of the Division Bench judgment delivered by this Court in the case of (Babasaheb Kedar Ginning Pressing Va Prakriya Sanstha Ltd. , Saoner v. Additional Collector, Nagpur and another) reported in 2000 (Supp.) Bom. C. R. (N. B.)490 : 2000 (2) Mh. L. J. 720, wherein it has been held that the reviewing or Appellate Authority under the C. P. and Berar Letting of Premises and Rent Control Act are courts and they have jurisdiction under section 5 of the Limitation Act to condone delay in filing review/appeal.