Prabhawati Laxman Wadje v. The State Of Maharashtra Thr Collector, Latur And ORS

2024:BHC-AUG:252-DB 914-CA-4173-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 4173 OF 2021 IN RC/651/2012 IN FA (ST) NO. 14658/2012 Prabhawati Laxman Wadje

VERSUS

The State of Maharashtra Thr Collector, Latur And Ors ...

Mr. V. B. Patil, Advocate for Applicant Mrs. V. S. Chaudhari, AGP for Respondent No.1/State ...

CORAM

: R. G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :05.01.2024 PER COURT :

1.

The first appeal preferred by the present applicant was dismissed by the learned Registrar (Judicial) of this Court on account that the applicant had not removed the office objections. 2.

Learned Advocate for the appellant/applicant makes a statement that the office objections would be removed in a couple of weeks. 3.

We do not find any reason to issue notice to the acquiring body and hear the State on this point.

4.

In view of the same, we allow the civil application in terms of prayer clauses - '

B'

and '

C'

.

5.

The office note indicates that the entire record has been destroyed. The reconstruction of file would be admitted only in case there is no objection from the other side.

914-CA-4173-2021.odt 6.

Needless to mention, if the appellant/applicant succeeds in appeal, she would not be entitled for component of interest for delayed period in preferring appeal and the delay occurred in filing the present application, since the order is passed by the learned Registrar [Judicial] dismissing the appeal for want of noncompliance of the office objection. 7.

The civil application is disposed of accordingly. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer