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Bombay High CourtCRA/412/2019

The State Of Maharashtra, Thru. The Special Land Acquisition Officer, v. Ramdas Nanaji Kannav (Since Deceased) Thru. Lrs And ANR

2019-01-11Hon'Ble Shri Justice K.K. Tated8 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION (ST.) NO.3527 OF 2017 The State of Maharashtra and Anr.

... Applicants V/s.

Ramdas Nanaji Kannav and Ors.

... Respondents CIVIL REVISION APPLICATION (ST.) NO.3521 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.3532 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.3084 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.3090 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.3080 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.3077 OF 2017 (Board Sr.No.10 to 16) CIVIL REVISION APPLICATION (ST.) NO.21499 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21454 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21460 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21476 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21479 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21483 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21486 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21489 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21498 OF 2016 1/8

CIVIL REVISION APPLICATION (ST.) NO.21500 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21506 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21509 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21512 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21515 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21518 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21598 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21603 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21612 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21616 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21619 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21624 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21629 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21632 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21635 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21638 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21685 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21690 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21694 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21697 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21703 OF 2016 2/8

CIVIL REVISION APPLICATION (ST.) NO.21714 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21720 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21749 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21751 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.21754 OF 2016 CIVIL REVISION APPLICATION (ST.) NO.16485 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16481 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16459 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16463 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16109 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16105 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16150 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15885 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15975 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15971 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.28836 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15869 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15875 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16115 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16118 OF 2017 3/8

CIVIL REVISION APPLICATION (ST.) NO.16249 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16253 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16257 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15984 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15986 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16090 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15464 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15836 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15452 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15447 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15438 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15827 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15834 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16467 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16246 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16244 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16455 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16452 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16448 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16446 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16443 OF 2017 4/8

CIVIL REVISION APPLICATION (ST.) NO.16440 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.15830 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16437 OF 2017 CIVIL REVISION APPLICATION (ST.) NO.16099 OF 2017 (Board Sr.Nos.23 to 97) CIVIL REVISION APPLICATION (ST.) NO.16094 OF 2017 (Board Sr.No.102) CIVIL REVISION APPLICATION (ST.) NO.1730 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1707 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1724 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1764 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1739 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1745 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1776 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1718 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1781 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1699 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.1694 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5817 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5811 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4647 OF 2018 5/8

CIVIL REVISION APPLICATION (ST.) NO.5833 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5822 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5861 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5858 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5869 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5865 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5899 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.5888 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4327 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4303 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4307 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4323 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4299 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4296 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4317 OF 2018 CIVIL REVISION APPLICATION (ST.) NO.4313 OF 2018 (Board Sr.Nos.109 to 138) Mr. A.R. Patil, AGP, for the Applicants in Serial Nos. 10 to 16 and 23 to 56.

Mr. Y.Y. Dabake, AGP, for the Applicants in Serial Nos. 57 to 67 and 69 to 102.

Ms. Tanaya Goswami, AGP, for the Applicants in Serial Nos. 109 to 119, 120 to 138 and 246.

6/8

CORAM:

K.K. TATED, J.

DATED : JANUARY 11, 2019 P.C. :

Not on board. At the request of learned counsel for the Applicants matters are taken on board for urgent hearing. By these Civil Revision Applications, the Applicants are seeking to set aside the condition orders passed by the learned Registrar (Jud-I) by which the First Appeals filed by them in Land Acquisition References stand dismissed for non payment of Court fees.

3.

The learned Additional Government Pleaders for the Applicants submit that there was delay on the part of concerned officer to deposit the requisite amount of Court fees in the office of Government Pleader. Hence, there was delay on their part to pay the deficit Court fees. They submit that now they have received the amount for payment of Court fees. They submit that the Applicants give undertaking to deposit the Court fees on or before 30th April, 2019. They submit that, they have good chances of success in the First Appeals. They submits that if Civil Revision Applications are not allowed, irreparable loss will be caused to the Applicants. They submit that in view of above, all Civil Revision Applications be allowed. 4.

Considering the submissions made by the learned 7/8

Additional Government Pleaders, averments made in the Civil Revision Applications and as the Applicants are ready and willing to deposit the deficit Court fees on or before 30th April, 2019, I satisfy that the Applicants have made out the case for following order :

(A) All Civil Revision Applications are allowed.

(B) Conditional orders passed by the learned Registrar (Jud-I) are set aside and the Applicants are permitted to deposit the deficit Court fees in the First Appeals.

(C) All the First Appeals are restored to the file. (D) The Applicants to deposit the deficit Court fees in First Appeals on or before 30th April, 2019 failing which Civil Revision Application shall stand dismissed without further reference to the Court.

(E) No order as to the costs.

(K. K. TATED, J.) 8/8