The State Of Maharashtra And Anr vs Narayan Deorao Gore (Died) Thr Lrs ...
2021 Latest Caselaw 6275 Bom

                                  1                         962-CA-14588-18.odt




              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

     CIVIL APPLICATION NO. 14588 OF 2018 IN FAST/33698/2018

             THE STATE OF MAHARASHTRA AND ANR
                             VERSUS
NARAYAN DEORAO GORE (DIED) THR LRS VACHALABAI (DIED) THR
                       DHONDAN AND ORS
                                ...
               AGP for Applicants : Mr. S. S. Dande
      Advocate for Respondents : Mr. Vivekanand V. Ingale
                                ...
                                  CORAM : ANIL S. KILOR, J.
                                   DATE : 8th APRIL, 2021
PER COURT :-

1.      Office note shows that respondents No. 5, 6 and 7 are
unserved, however, today learned counsel Mr. V.V. Ingle, waives
notice for respondents No. 5, 6 and 7.


2.      This application is filed by applicant - Acquiring Body for
condonation of delay in filing the first appeal challenging legality
and validity of the Judgment and Award dated 22-06-2011 passed
by the learned Joint Civil Judge, Senior Division, Omerga, in LAR
No. 442 of 2005. The delay is of 2596 days in filing the appeal. The
delay is inordinate. The reasons stated in the application are in
respect of procedural formalities need to be completed by the
Government Agency.


3.      Learned counsel appearing for the claimants opposed the said
application.


4.         In a recent Judgment of the Honourable Supreme Court of
India, in the case of State of Madhya Pradesh Versus Bherulal1 has
held that :


1(2020) 10 SCC, 654


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          "It is the right time to inform all the government
          bodies, their agencies and instrumentalities that
          unless they have reasonable and acceptable
          explanation for the delay and there was bonafide
          effort, there is no need to accept the usual
          explanation that the file was kept pending for
          several months/years due to considerable degree of
          procedural red- tape in the process. The
          government departments are under a special
          obligation to ensure that they perform their duties
          with diligence and commitment. Condonation of
          delay is an exception and should not be used as an
          anticipated benefit for government departments.
          The law shelters everyone under the same light and
          should not be swirled for the benefit of a few."

5.       After considering the request in the application and in view of

the Judgment of the Honourable Supreme Court in the case of

State of Madhya Pradesh (Supra), I am of the opinion that the delay

on the ground of procedural aspects cannot be considered, but on

imposition of cost of Rs.5000/- to be recovered from the erring

officer. Accordingly, I proceed to pass following order.

                                :: ORDER ::

(i) The Civil Application is allowed.

(ii) The delay caused in filing the first appeal is hereby condoned subject to deposit of Rs.5000/- to be paid to the claimant, within a period of four weeks from today.

(iii) The Registry is directed to register the First Appeal on furnishing receipt of payment of cost to the claimants and place the first appeal for admission and further consideration.

(iv) The Civil Application stands disposed of.

( ANIL S. KILOR ) JUDGE

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