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Bombay High CourtCAF/3164/2016allowed

The State Of Maharashtra (Through The Special Land Acquisition Officer) v. Shri.Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur And

2021-12-04Hon'Ble Shri Justice Madhav J. Jamdar2 pages

Digitally signed by SONALI MILIND PATIL Date:

2021.12.04 15:15:45 +0530 SONALI MILIND PATIL 1/2 16.CAF-3164-2016+.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3164 OF 2016 IN FIRST APPEAL (STAMP) NO. 12985 OF 2016 The State of Maharashtra Through the Special Land Acquisition Officer ... Applicant Vs.

Shri Atmaram @ Hausha Mahadeo Thakur (Deceased through legal heirs) 1/1. Smt. Mathurabai Atmaram @ Hausha Thakur & Ors.

... Respondents ...........

Mr. A. R. Patil, AGP for the Applicant-State. Mr. Hemant Ghadigaonkar for the Respondents.

..........

CORAM: MADHAV J. JAMDAR, J.

DATE : 4th DECEMBER, 2021.

P. C. :- 1.

Heard Mr. A. R. Patil, learned AGP appearing for the Applicant and Mr. Hemant Ghadigaonkar for the Respondents. 2.

Mr. A. R. Patil, learned AGP submits that there is delay of 59 days in filing the First Appeal. He states that sufficient reasons are set out in the Civil Application.

3.

Mr. Hemant Ghadigaonkar, learned counsel for the Respondents submits that reasons set out are not sufficient. 4.

The reasons given inter alia includes the administrative reasons. Sufficient reasons are given in the Civil Application. It is Sonali

2/2 16.CAF-3164-2016+.doc also to be noted that the delay is not inordinate. The Respondents although served and appearing through their Advocate have not filed any reply.

5.

In view of this, Civil Application is allowed in terms of prayer clause (b).

(MADHAV J. JAMDAR, J.) Sonali