Shashikant Shankarrao Sutar v. The Special Land Acquisition Officer No.11 Pune And ORS.

(35)-IA-7740-23.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Digitally signed by BALAJI GOVINDRAO PANCHAL Date:

2024.03.11 18:32:20 +0530 BALAJI GOVINDRAO PANCHAL INTERIM APPLICATION NO.7740 OF 2023 IN REJECTED CASE NO.2067 OF 2019 (FIRST APPEAL STAMP NO.10540 OF 2019) Shashikant Shankarrao Sutar ..Applicant

Versus

The Special Land Acquisition Officer No.11, Pune & Ors.

..Respondents Mr. Abhijit Singh i/by P. Potnis, for the Applicant. Mr. A. R. Patil, AGP for the Respondent/State. CORAM : KISHORE C. SANT, J.

DATE : 8th MARCH, 2024 P.C.

1.

Since there were office objections raised by the office, learned Registrar (Judicial-II) of this Court granted time of four weeks to remove the same vide order dated 9th August, 2019. It is stated in the Application that the junior advocate who was handling the filing and attending to the matters inadvertently failed to inform advocate on record that there were office objections. The order thus was not within the knowledge of learned advocate conducting the matter. It is later on came to the knowledge of advocate on record on 25th January, 2023, when the First Appeal filed by acquiring body in respect of the same project and same village was on board. It is at that time, the position of this Appeal was checked. It revealed that BGP.

(35)-IA-7740-23.doc.

the Appeal registration was refused for non-removal of office objections. Applicant/Appellant is now ready to remove office objections within four weeks from today. This Court finds that in the interest of justice, Applicant/Appellant be allowed to remove office objections within four weeks and restore the Appeal to its original position.

2.

While filing the Application, there is delay of 3 years and 128 days. For the reasons stated above, the Application stands allowed. Delay stands condoned. Hence, the following order :- i) The Application stands allowed.

ii) Time to remove office objections is extended by four weeks from today.

iii) If the office objections are removed within four weeks, Appeal shall stand restored to its original position. 3.

The Application stands disposed of.

[KISHORE C. SANT, J.] BGP.