Mandakini W/O Sahebrao Kharat And ... vs The State Of Maharashtra Thr. ...
2021 Latest Caselaw 16478 Bom

                                                                         30 CAF-1778-2021
                                             1

        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  NAGPUR BENCH, NAGPUR.
             CIVIL APPLICATION (F) NO.1778 OF 2021
                                   IN
               FIRST APPEAL (ST) NO.17804 OF 2017
        [Mandakini Sahebrao Kharat and Anr. ..Versus.. The State of
              Maharashtra, through the Collector, Buldhana.]
____________________________________________________________________________________________
Office Notes, Office Memoranda of Coram,
appearances, Court's orders of directions                       Court's or Judge's order
and Registrar's orders.
                Shri. G. O. Gadge, Advocate for Applicants
                Shri. M. A. Kadu, AGP for Non-Applicant.

                 CORAM : V. M. DESHPANDE, J.
                 DATE         : 29th NOVEMBER, 2021.

                1.     This is an Application for condonation of delay in
                filing the First Appeal. The delay is of 1649 days.
                Notices on this Application were issued. In pursuance to
                the notice, Shri. M. A. Kadu, learned AGP is appearing
                on behalf of Respondent/Collector.
                2.     The land of the Applicants/Original Claimants was
                acquired by the State. The total area which was
                acquired by the State for Pentakli Project in Buldhana
                District for 3.49 H.R. The Land Acquisition Officer has
                granted compensation at the rate of Rs.53,300/- per
                hectare. Dissatisfied with the same, the Reference was
                filed on behalf of the claimants. It appears that the said
                Reference was dismissed by the Reference Court on
                06.11.2012.

                3.     I   have     gone     through     the    contents     of   the
                Application, it is specifically stated that the Counsel
                who was appearing on behalf of the Claimants was not
                representing the Claimants properly before the Trial
                                                      30 CAF-1778-2021
                               2

  Court. Even from the impugned judgment, the said
  statement made by the Applicants appears to be
  correct. Thus, the Reference made by the Claimants
  was dismissed by the Reference Court, for fault of an
  Advocate. It is my considered view that for fault of an
  Advocate, the litigant should not be penalized. In that
  view of the matter, I pass the following order :

                               ORDER

i) Civil Application No.1778 of 2021 is allowed.

ii) The delay of 1649 days stands condoned.

iii) Office is directed to register the Appeal

iv) At the time of final hearing of Appeal, the Court will decide whether the interest for the delay period should be granted or not.

                                            JUDGE



TAMBE


            Digitally signed
            by ASHISH
ASHISH      ASHOKRAO
            TAMBE
ASHOKRAO    Date:
TAMBE       2021.11.30
            18:40:05
            +0530