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2018 (3) TMI 1630 - HC - Indian LawsValidity of Circular dated 3072010 and consequential orders dated 29.2.2016 and 6.5.2016 - belated filing of appeals/proceedings before the Courts - condonation of delay in filing appeal - transfers of land. Held that:- The independent functionaries exercising quasi judicial powers, whether in terms of the circular or otherwise and particularly in terms of the Maharashtra Land Revenue Code, 1966 or allied laws, cannot be directed to condone the delay in all cases irrespective of the peculiar facts involved in each individual case. Thus, the delay will have to be condoned on case to case basis and there is no apprehension that unmindful of the facts, the peculiarities and only going by the circular, the delay will be condoned - No interference in exercise of their power will, therefore, be tolerated even if that is by a Chief Minister of the State. All authorities must decide the issue or lis before them in accordance with law and uninfluenced by any such interventions, directions or attempts to control the exercise of their power. We do not, therefore, think that unless individual cases of abuse and misuse of discretionary power are brought before this Court or the Circular being applied to all cases irrespective of their peculiar facts and circumstances, that it is bound to be misused. In all matters depending upon the peculiar facts and circumstances, the discretion would be exercised to condone the delay. We grant time for such an exercise and filing of affidavit and therefore we place these matters, at the request of the learned AGP, on 13.4.2018.
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