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Bombay High CourtCAC/189/2019

The State Of Maharashtra, Thr. The Special Land Acquisition Officer v. Shri Tikamdas Bhagwandas Kukareja Thr. Ca (Res. No.1 To 8 ) Smt. P.P.Wag And Shri R.P.Wagh And ORS.

2019-04-23Hon'Ble Shri Justice K.K. Tated2 pages

530 cac189-19.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.189 OF 2019 IN CIVIL REVISION APPLICATION NO.267 OF 2019 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr.A.R.Patil, A.G.P. for the applicant CORAM : K. K. TATED, J DATE : APRIL 23, 2019 P.C.:

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Not on board. At the request of Advocate for the Applicant, matter is taken on board for urgent orders.

Heard.

The learned A.G.P. submits that in the present proceeding, this court by order dated 11.1.2019 permitted Applicant to pay court fees in the First Appeals on or before 30.04.2019, failing which Civil Revision Applications shall stand dismissed without referring back to the court.

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530 cac189-19.doc The learned A.G.P. submits that in the present matter, land was acquired by government for their own project. Therefore there is no question of payment of Court Fees. To that effect, he relies on paragraph 5 of the Civil Application as well as certificate dated 8.1.2018 on page 15 issued by Collector, Raigad. He submits that in view of these facts, earlier order dated 11.1.2019 passed by this court in Civil Revision Application (St.) No.4313 of 2018 be recalled.

Considering the submissions made by the learned A.G.P.for the Applicant and the averments made in paragraph 5 along with certificate dated 8.1.2018 issued by Collector Raigad, I am satisfied that the Applicant has made out a case for recalling the order dated 11.1.2019. Hence, following order is passed : Delay in filing Civil Application is condoned.

Order dated 11.1.2019 passed by this court in Civil Revision Application No.267 of 2019 is recalled.

C.

Civil Revision Application stands restored on file for hearing on its own merits.

(K.K.TATED, J.) Mohite 2/2