MOHD ABDUL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard Shri. Joshi, counsel appearing for the petitioners and Mrs. Khekale, A.G.P. for respondents.

(2.) Rule. With consent of the parties, rule is made returnable forthwith and matter is taken up for final hearing.

(3.) This is a petition raising challenge to the order which has been communicated by the Collector Latur on 17.3.2006. The petitioners contend that they are holders of Atiyat Grants. On demise of their ancester the property has devolved upon them. It is contended that in view of the provisions of Atiyat Enquiry Act it is incumbent upon the petitioners to present an application for grant of succession in their favour and such an application was in fact filed. However, there was delay of about 2 years and 2 months in presenting the application. The application was tendered to the Deputy Collector, Latur. However, it is not known as to how the matter got transferred to the Commissioner. However, from the order passed on 17.3.2006 it is apparent that the Collector, Latur has communicated the rejection of application relying upon by the communication made by the Commissioner on 25.2.2006. It is apparent on the perusal of the order that the Commissioner has communicated the Collector and in view of the aforesaid communication dated 25.2.2006 that delay which has occurred in presenting the application being two years and two months and as there is no sufficient ground raised for condonation of delay, application is rejected.