The Ex. Engineer, M.I.W. Jalgaon v. Sunita Narendra Waghulde And ORS

1 ca4463.21, etc..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4463 OF 2021 IN FIRST APPEAL (ST.) NO.6829 OF 2021 The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

Narendra Ramchandra Waghulde (Dead) 1.1 Mahendra Narendra Waghulde & ors.

..RESPONDENTS AND CIVIL APPLICATION NO.4487 OF 2021 IN FIRST APPEAL (ST.) NO.6387 OF 2021 The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

Dilip Dipchand Thakur & ors.

..RESPONDENTS AND CIVIL APPLICATION NO.4495 OF 2021 IN FIRST APPEAL (ST.) NO.6378 OF 2021 The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

Sunita Narendra Waghulde & ors.

..RESPONDENTS AND CIVIL APPLICATION NO.6536 OF 2021 IN FIRST APPEAL (ST.) NO.17242 OF 2021 The Executive Engineer, M.I.W., Jalgaon ..APPLICANT

VERSUS

2 ca4463.21, etc..odt Sau. Sarika Nitinkumar Jain & ors.

..RESPONDENTS Mr Ajay D. Pawar, Advocate for applicants;

Mr S.B. Pulkundwar and Mr S.G. Sangle, AGPs for respondent-State; Mr V.P. Patil, Advocate for respondent nos.1.1 to 1.4 in CA No.4463 of 2021 and for respondent no.1 in CA No.4495 of 2021; Mr B.S. Dhawale, Advocate holding for Mr J.V. Patil, Advocate for respondent nos.1 & 2 in C.A. No.4487 of 2021 CORAM : RAVINDRA V. GHUGE AND S.G. MEHARE, JJ DATE : 5th August, 2021 P.C.

1.

In all these Civil Applications, the applicant - acquiring body prays for condonation of delay which is in between 290 days to 330 days, caused in filing the First Appeals.

2.

Issue notice to the respondents.

3.

The learned Advocates waive service of notice. 4.

Considering the reasons assigned and the law laid down by the Honourable Supreme Court in Collector Land Acquisition, Anantnag & anr. vs. Mst. Katiji & ors., (1987 AIR 1353) and Esha Bhattacharjee vs. Managing Committee of Raghunathpur Nafar Academy & ors., (2013) 12 SCC 649, we are condoning the delay since we do not find that the delay is deliberate or inordinate.

3 ca4463.21, etc..odt 5.

In view of the above, these applications are allowed.

6. Subject to removal of office objections, the First Appeals shall be registered.

[S.G. MEHARE, J.] [RAVINDRA V. GHUGE, J.] amj