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Bombay High CourtCA/4750/2017disposed offdismissed for default

Nagu Maharudra Swami v. The State Of Maharashtra And ORS

2017-11-28Hon'Ble Shri Justice K. K. Sonawane2 pages

1 935-CA-4750-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 4750 OF 2017 IN RC/181/2017 NAGU MAHARUDRA SWAMI

VERSUS

THE STATE OF MAHARASHTRA AND ORS ...

Advocate for Applicant : Mr. Ganesh Vilasrao Patil AGP for Respondent No. 1 : Mr. S.S. Dande ...

CORAM : K.K. SONAWANE, J.

DATED : 28th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicant.

2.

Perused the application. The applicant has preferred appeal against impugned judgment and award passed by the learned Reference Court under section 18 of the Land Acquisition Act. The matter pertains to the compensation amount of the land under acquisition. There was office objection for not filing the copy of Award within stipulated period. Learned counsel for the applicant undertakes to file copy of the Award within a week after restoration of the appeal to its original stage. 3.

In view of nature of subject-matter and submissions advanced on behalf of applicant, reasonable opportunity is required to be granted to the applicant for substantial justice.

2 935-CA-4750-17 Hence, application is allowed in terms of prayer clauses "B and C". The impugned order of refusal of registration dated 14th February, 2017 is hereby recalled. The proceedings of the appeal be restored to its original stage subject to condition that applicants to remove the office objections raised by the office within a week from the date of restoration of appeal, failure to which present order shall stand vacated automatically without further reference to this Court.

4.

Accordingly civil application stands disposed of. [ K. K. SONAWANE ] JUDGE MTK.