Yuvraj Namdeo Khaladkar And Another v. The National Highways Authority Of India And Others

ca2715.22 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.2715 OF 2022 IN WP/1986/2016 WITH WP/11172/2018 WITH WP/1986/2016 YUVRAJ NAMDEO KHALADKAR AND ANOTHER

VERSUS

THE NATIONAL HIGHWAYS AUTHORITY OF INDIA AND OTHERS Mr. S.S. Jangada, Advocate holding for Mir. M.U. Shelke, Advocate for applicants;

Mr. S.B. Yawalkar, A.G.P. for respondent-State; Mr. D.B. Gaikwad, Advocate for respondent nos.1 & 3; Mr. M.R. Mundhe, Advocate holding for Mr.D.S. Manorkar, Advocate for respondent nos.2 to 4 CORAM : R.D. DHANUKA AND S. G. MEHARE, JJ.

DATE : 25th March, 2022 P.C.

1.

By this Civil Application, the applicants seek condonation of 64 days in filing Civil Application and seeks restoration of Civil Application No.10368 of 2021, which came to be dismissed for non compliance of the conditional order passed by this Court on 29.9.2021.

2.

We have heard learned Counsel for the parties and perused the averments made in the Civil Application.

ca2715.22 (2) 3.

Civil Application is vehemently opposed by the learned Counsel for the respondents on the ground that delay is not sufficiently explained.

4.

In our view, delay is sufficiently in paragraph nos.6 and 7 of the Civil Application. Civil Application is accordingly made absolute in terms of prayer clause (B). Civil Application No.10368 of 2021 is restored to file on the condition that applicants remove office objections within two weeks from today. It is made clear that if the office objections are not removed within two weeks from today, the order passed by this Court on 29.9.2021 insofar as Civil Application No.10368 of 2021 would stand restored and the order passed by this Court today would stand vacated.

(S. G. MEHARE, J.) (R.D. DHANUKA, J.) amj