The State Of Maharashtra (Through ... vs Shri. Sandeep Madhukar Mhatre And ...
2023 Latest Caselaw 3588 Bom

                                                           AMOL 15 CAF.237.2020.odt




                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION


                           CIVIL APPLICATION NO. 237 OF 2020
                                           IN
                          FIRST APPEAL (ST) NO. 22644 OF 2019

The State Of Maharashtra
 (through The Special Land Acquisition Offier),                   ...Applicant
       Versus
Shri. Sandeep Madhukar Mhatre And Others                          ...Respondents

Mr. A. R. Patil AGP for petitioner

CORAM: K.R. SHRIRAM & RAJESH S. PATIL, JJ

DATED: 11th April, 2023

PC:-

1. We are not satisfied with the explanation given in the application

for the delay. Moreover, it appears that the deputy collector, Shivani Shivaji

Patil who has verified the application has not read and applied her mind while

filing the application. In the chronology of dates and events in paragraph 3 of

the application, the applicant states that on 21 st April 2018 certified copy of

the judgment and award was ready for delivery and the last date of filing the

AMOL 15 CAF.237.2020.odt

first appeal in the High Court was 10 th October 2018 which is about five and

half months later. Mr. Patil infairness agrees that time prescribed is only 90

days and at the most by 20 th July 2018 the appeal should have been filed. Mr.

Patil agrees that date 10th October 2018 is an incorrect date.

2. In our view if only the deputy collector had read and applied her

mind there would not have been such glaring error.

3. Mr. Patil requests that applicant permitted to file further affidavit

clarifying/correcting the error and also give satisfactory explanation for the

delay. Leave Granted. The affidavit, however, shall be filed by the same

Shivani Shivaji Patil, Deputy Collector who had signed and verified the

application. The affidavit to be filed and copy served by 20 th April 2023.

4. Stand over to 25th April 2023.

(RAJESH S. PATIL,J.)                                             (K.R. SHRIRAM,J.)