Shesherao Sharanappa Hatte v. The State Of Maharashtra Through The Collector Latur And ANR

(1) 909 CA-1361.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 CIVIL APPLICATION NO.1361 OF 2023 IN RC/1536/2019 SHESHERAO SHARANAPPA HATTE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND 910 CIVIL APPLICATION NO.1362 OF 2023 IN RC/1534/2019 BABURAO SITARAM KALSE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND 911 CIVIL APPLICATION NO.1363 OF 2023 IN RC/1532/2019 VISHWANATH GOPAL GAIKWAD

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND 912 CIVIL APPLICATION NO.1364 OF 2023 IN RC/1520/2019 HARIBA SANGRAM SAGAR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER ...

Mr. Sharad Halkude, Advocate for the applicants. Mr. A.B. Chate and Mr. B.V. Virdhe and Mr. S.N. Kendre, Asstt. Public Prosecutors for the State in respective matters. ...

CORAM :

SANDIPKUMAR C. MORE, J.

(2) 909 CA-1361.2023.odt DATED :

08.02.2023.

ORDER:- 1.

Heard rival submissions. The applicants are seeking setting aside the order dated 03.12.2019 in all these applications whereby registration of their First Appeal was refused for non removal of office objections. It is significant to note that the appeal memo and annexures in these matters are already destroyed since the respective applicants did not take diligent steps to restore the matters earlier. Moreover, there is also huge delay of 1135 days. Under such circumstances, certain costs needs to be saddled. As such, the order dated 03.12.2019 in all these applications stands recalled and the appeals of applicants are restored to its original stage i.e. for removal of office objections. The applicants shall remove all the office objections within three weeks from the date of this order and they shall also deposit costs of Rs.

1,000/- each payable to the Library of Advocates Association of Bombay High Court at Aurangabad. Removal of office objections and deposit of costs shall be conditions precedent for such restoration. It is further directed that the applicants shall not be entitled for any interest for the aforesaid period delay of 1135 days, if any enhancement of compensation is granted to the applicants in their appeals.

2.

The Civil Applications are disposed of.

(SANDIPKUMAR C. MORE, J.) vd_dhirde