The Executive Engineer, Latur Minor Irrigation Latur Div. Latur And ANR v. Narmadabai Bhagoji Sirsat
(1) 933-ca-13982-2018 & ors.
delay
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.13982 OF 2018 IN FAST/4540/2018 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR VS BHIVAJI BAPURAO KENDRE AND CIVIL APPLICATION NO.13988 OF 2018 IN FAST/4549/2018 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR VS NARMADABAI BHAGOJI SIRSAT AND CIVIL APPLICATION NO.13994 OF 2018 IN FAST/4509/2018 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR VS HARISHCHANDRA NAMDEV GITE AND CIVIL APPLICATION NO.13996 OF 2018 IN FAST/4494/2018 THE EXECUTIVE ENGINEER, LATUR MINOR IRRIGATION LATUR DIV. LATUR AND ANR VS PARWATIBAI SAMBHAJI SANGLE ...
Mrs. Dipali S. Ansingkar (Jape), Advocate for the Applicants. ...
CORAM : S. G. CHAPALGAONKAR, J.
DATE : 04th AUGUST, 2023.
PER COURT:- 1.
Heard the learned Advocate appearing for the respective parties.
(2) 933-ca-13982-2018 & ors.
delay 2.
Mrs. Ansingkar, learned Advocate appearing for the applicants submits that the delay is caused on account of administrative reasons and procedural compliance. She invites attention of this Court to the averments in paragraph nos.6 and 7 to contend that sufficient cause is made out. 3.
The learned Advocate appearing for the respondents opposes the application contending that the sufficient cause is not made out and there is inordinate delay.
4.
Having considered the submissions advanced, it is apparent that the Acquiring Body requires to follow administrative instructions and procedure for filing appeal. Apparently, delay has been occasioned on account of aforesaid reasons, which cannot be said to be intentional. The applicants have not derived any advantage out of such delay. In that view of the matter, case is made out to condone the delay. Hence, the following order:-
ORDER
a.
Civil Applications are allowed.
b.
Delay of 1873 days caused in filing the appeals is condoned. c.
Civil Applications are disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023