The Executive Engineer Minor Irrigation B I D Beed Head Quarter At Ambajogai Dist Beed v. Pradeep So Krishnarao Deshmukh

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2412 OF 2024 WITH CIVIL APPLICATION NO. 2413 OF 2024 IN FIRST APPEAL (ST)/5397/2024 THE EXECUTIVE ENGINEER MINOR IRRIGATION B.I.D. BEED HEAD QUARTER AT AMBAJOGAI DIST BEED

VERSUS

GANPAT SAKHARAM DESHMUKH DECESED THROUGH LRS 1A GHANSHAM S/O GANPAT DESHMUKH WITH CIVIL APPLICATION NO. 2410 OF 2024 WITH CIVIL APPLICATION NO. 2411 OF 2024 IN FIRST APPEAL (ST)/5391/2024 THE EXECUTIVE ENGINEER MINOR IRRIGATION B.I.D. BEED HEAD QUARTER AT AMBAJOGAI DIST BEED

VERSUS

PRADEEP S/O KRISHNARAO DESHMUKH ...

WITH CIVIL APPLICATION NO. 2408 OF 2024 WITH CIVIL APPLICATION NO. 2409 OF 2024 IN FIRST APPEAL (ST)/5394/2024 THE EXECUTIVE ENGINEER MINOR IRRIGATION B.I.D. BEED HEAD QUARTER AT AMBAJOGAI DIST BEED

VERSUS

DILIP S/O KRISHNARAO DESHMUKH ...

Advocate for the Applicant : Mr. H.U. Dhage Advocate for Respondent No.1 : Mr. D.A. Bide ....

CORAM : S.G. MEHARE, J.

DATED : FEBRUARY 27, 2024

(2) PER COURT:- 1.

Heard the learned counsel for the applicant and learned counsel for Respondent.

2.

Issue notice to the respondents returnable on 2nd April 2024.

3.

The learned cousnel Mr. D. A. Bide, waives service of the notice for all the respondent.

4.

It seems that the reasons were not beyond the control to prefer the appeal within time. The reasons mentioned for delay are not so convincing. However, to protect the interest of the State at large liberal view may be taken and the following order is passed.

ORDER

(i) All applications for condonation of delay are allowed subject to cost of Rs. 500/- (Five Hundred) per month. (ii) Office to register the appeals after depositing cost. 5.

Admit.

CIVIL APPLICATION NO. 2413 OF 2024 IN FIRST APPEAL (ST)/5397/2024 (STAY) WITH CIVIL APPLICATION NO. 2411 OF 2024 IN FIRST APPEAL (ST)/5391/2024 (STAY) WITH CIVIL APPLICATION NO. 2409 OF 2024 IN FIRST APPEAL (ST)/5394/2024 (STAY)

(3) 6.

Heard the learned counsel for the applicants. 7.

The learned counsel for the applicant submits that for the same property two land acquisition references were filed. 8.

The learned counsel for the respondent submits that those petitions were for determination of compensation for separate shares. There was no any mistake in the impugned judgment and award.

9.

Considering the facts and circumstances, the following order is passed.

ORDER

(i) The execution implementation and effect of the impugned judgments and decrees are stayed till the conclusion of the appeals.

(ii) A statement has been made that the entire amount of compensation has been deposited in the lower Court. (S.G. MEHARE, J.) ysk/