Kaluram Ukhaji Gunjal v. The State Of Maharashtra Thruogh Special Land Acquisition Officer, Aurangabad And Another

1 ca 5106.2022+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.5106 OF 2022 RC/54/2018 BHANUDAS MAROTI LAGGAD 921 CIVIL APPLICATION NO.5107 OF 2022 RC/61/2018 SATISH PANDHARINATH SONAR AND ANOTHER Advocate for Applicants: Mr. Tandale Fulchad R. 922 CIVIL APPLICATION NO.5109 OF 2022 RC/53/2018 KALURAM UKHAJI GUNJAL AGP for Respondent/State: Mr. S. N. Morampalle

2 ca 5106.2022+ 923 CIVIL APPLICATION NO.5110 OF 2022 RC/62/2018 BALU EKNATH SURASE AGP for Respondent/State: Mr. S. P. Deshmukh 924 CIVIL APPLICATION NO.5111 OF 2022 RC/63/2018 UTTAM SYAMRAO DUBELE 925 CIVIL APPLICATION NO.5112 OF 2022 IN RC/60/2018 DARUBAI EKNATH SURASE

3 ca 5106.2022+ 926 CIVIL APPLICATION NO.5113 OF 2022 RC/241/2018 RAMCHANDRA BHANUDAS MULE AGP for Respondent/State: Mr. S. N. Morampalle 927 CIVIL APPLICATION NO.5114 OF 2022 RC/242/2018 NARAYAN BABURAO GAWALI AGP for Respondent/State: Mr. S. P. Deshmukh 928 CIVIL APPLICATION NO.5115 OF 2022 RC/240/2018 SHANKAR BALARAM DUBELE

4 ca 5106.2022+ 929 CIVIL APPLICATION NO.5116 OF 2022 RC/243/2018 SHANKAR BALARAM DUBELE CORAM:SHRIKANT D. KULKARNI, J.

DATE: 08th APRIL, 2022 PER COURT:

1.

These are the application moved by the respective applicants / claimants so as to quash and set aside the orders dated 12.12.2017 and 23.01.2018 passed by the Registrar (Judicial) of this Court thereby registration was refused on account of non removal of office objections.

2.

Heard Mr. F. R. Tandale, learned Counsel for the applicants / claimants and Mr. N. T. Bhagat, Mr. P. M. Kulkanri, Mr. S. N. Morampalle and Mr. S. P. Deshmukh, learned A.G.Ps. for the Respondent / State in respective Civil Applications. The learned A.G.Ps. Opposed to allow these applications.

5 ca 5106.2022+ 3.

It is revealed during the course of argument that the office has raised objections regarding deficit court fees. Time was given to the respective claimants to satisfy the office objections by depositing necessary deficit court fees within the time. The claimants poor farmers could not arrange for the deficit court fees during time. Ultimately the Registrar (Judicial) vide orders dated 12.12.2017 and 23.01.2018 was pleased to refuse the registration.

4.

Having regard to the nature of dispute arising out of compulsory land acquisition cases for enhancement of compensation, it is necessary to allow these applications for the ends of justice.

ORDER

[I] The applications are hereby allowed.

[II] The orders passed by the Registrar (Judicial) dated 12.12.2017 and 23.01.2018 thereby refusing the registration are hereby quashed and set aside.

6 ca 5106.2022+ [III] The applicants / claimants are hereby permitted to deposit court fees in respective appeals within six (06) weeks from today and thereafter Office / Registry after examining the respective appeals as per the procedure these be numbered and placed before the Court for admission.

5.

Civil Applications are accordingly disposed of.

[SHRIKANT D. KULKARNI, J.] marathe