The Ex. Engineer, Minor Irrigation Division, Latur And ORS v. Rama Tukaram Tate

1 911-CA-3017-2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 911 CIVIL APPLICATION NO.3017 OF 2020 IN FAST/4501/2020 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS

VERSUS

RAMA TUKARAM TATE ...

Advocate for Applicants : Mr R.C. Patil Advocate for Respondent No.1 : Mrs P.G. Sontakke WITH 911 CIVIL APPLICATION NO.3019 OF 2020 IN FAST/4747/2020 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS

VERSUS

NARAYAN NAGA TATE ...

Advocate for Applicants : Mr R.C. Patil Advocate for Respondent Nos.1 and 2 : Mrs P.G. Sontakke WITH 911 CIVIL APPLICATION NO.3023 OF 2020 IN FAST/4737/2020 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS

VERSUS

SHANTABAI DATTU TATE ...

Advocate for Applicants : Mr R.C. Patil Advocate for Respondent No.1 : Mrs P.G. Sontakke WITH 911 CIVIL APPLICATION NO.3021 OF 2020 IN FAST/4743/2020 THE EX. ENGINEER, MINOR IRRIGATION DIVISION, LATUR AND ORS

2 911-CA-3017-2020

VERSUS

RAMA NAMA BANSODE ...

Advocate for Applicants : Mr R.C. Patil CORAM : SHRIKANT D. KULKARNI, J.

DATE : 23rd March, 2022 PER COURT :

1.

These are the applications for condonation of delay moved by the applicants/acquiring body.

2.

Heard Mr R.C. Patil, learned counsel for the applicants and Mrs Sontakke, learned counsel for the respondents/original claimants. 3.

Mr Patil, learned counsel for the applicants submitted that there was no intentional delay on the part of the acquiring body in preferring the appeal. The delay was occurred due to completing the formalities and obtaining sanction from the competent authority. He therefore, urged to condone the delay. 4.

Mrs Sontakke, learned counsel appearing for the respondents/original claimants strongly opposed to condone the delay. She submitted that no sufficient reasons are assigned in the application for condonation of delay. The applications may be rejected.

5.

In Civil Application No.3017/2020, there is delay of 323 days and in Civil Application Nos. 3019/2020, 3023/2020 and in Civil Application No. 3021/2020, there is delay of equal volume of 723 days. 6.

It seems that the delay was caused on account of completing the formalities and obtaining sanction from the concerned Department.

3 911-CA-3017-2020 7.

Having regard to the nature of dispute, it would be just and proper to condone the delay in the interest of justice.

ORDER

(i) The applications for condonation of delay moved by the applicants/acquiring body are hereby allowed. (ii) The Registry is directed to make scrutiny of the appeals as per procedure and thereafter, those be numbered and placed before the Court in the second week of June, 2022.

(iii) The civil applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta