An Appeal About Tribal Land Was Shut Out On Delay. It Is Back.
The Maharashtra Revenue Tribunal refused to condone the delay in an appeal under the law restoring lands to Scheduled Tribes. The High Court has condoned it and set a six-month clock.
The Court quashed and set aside the Tribunal's order rejecting condonation, condoned the delay, and restored the appeal to the Tribunal's file. The parties are to appear on a fixed date without fresh notice, and the Tribunal must hear and decide the appeal on its own merits within six months, uninfluenced by anything said in this judgment.
- The merits were untouched. The Court expressed no opinion on the challenge to the 2009 order.
- All questions stay open for the Tribunal to consider in the restored appeal.
- No fresh notice needed — the date of appearance is fixed in the judgment itself.
- Six months to hear and decide.
- Court
- High Court of Judicature at Bombay
- Citation
- Writ Petition No. 13889 of 2018
- Case
- Writ Petition No. 13889 of 2018
- Decided
- 9 September 2026
- Outcome
- Writ petition allowed; delay condoned and appeal restored to the Tribunal
What was refused below
The Maharashtra Revenue Tribunal, by an order of December 2017, rejected the petitioner's application to condone the delay in filing his appeal under Section 6 of the Maharashtra Restoration of Lands to Scheduled Tribes Act, 1974.
What the Court directed
That order was quashed and set aside, the delay in filing the appeal was condoned, and the appeal stands restored to the file of the Tribunal.
The parties are to appear before the Tribunal on 21 September 2026, without requiring any fresh notice, subject to the Tribunal's directions.
The Court clarified that it expressed no opinion on the merits of the challenge to the Sub-Divisional Officer's order of December 2009. All questions arising in the appeal are kept open for the Tribunal, which must hear and decide it on its own merits and in accordance with law, without being influenced by the observations in this judgment, and within six months.
Who argued it
Appearances as recorded in the judgment of the Court.
Frequently asked
Can a High Court condone delay the tribunal refused to condone?
Yes. Here the refusal was quashed, the delay condoned and the appeal restored.
Does that decide the case?
No. All questions were left open for the Tribunal to decide on merits.
Reviving an appeal refused on delay
- Explain each period of delay rather than the total; tribunals refuse on the gaps you skip.
- Ask for restoration and a fixed date of appearance, so no fresh notice is needed.
- Ask the writ court not to touch the merits, so nothing prejudices you on remand.
- Seek a time limit for disposal — six months was fixed here.
Source. High Court of Judicature at Bombay, Writ Petition No. 13889 of 2018, decided 9 September 2026 by . This explainer is written from the judgment text as reported.
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