Nanasaheb Ram Dahatonde And ORS v. The Deputy Colector Land Acquisition J.P. No.1 Officer/Collectorate, Aurangabad And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

937 CIVIL APPLICATION NO. 6673 OF 2025 IN FA/2366/2023 CHANDRAKANT MOHAN GAIKWAD AND OTHERS

VERSUS

THE DEPUTY COLLECTOR, LAND ACQUISITION J.P. 1 OFFICER AURANGABAD AND ANOTHER 938 CIVIL APPLICATION NO. 6674 OF 2025 IN FA/2365/2023 YADAV S/O RAMJI PACHPUTE

VERSUS

THE DEPUTY COLLECTOR, LAND ACQUISITION J.P. - I OFFICER COLLECTORATE AT AURANGABAD AND ANOTHER 939 CIVIL APPLICATION NO. 6675 OF 2025 IN FA/2367/2023 NANASAHEB RAM DAHATONDE AND OTHERS

VERSUS

THE DEPUTY COLLECTOR LAND ACQUISITION J.P. NO.1 OFFICER/COLLECTORATE, AURANGABAD AND ANOTHER Mr.Amit Gadekar h/f Mr.S.R.Sapkal, Advocate for the applicants. Mr.K.N.Lokhande, Mr.S.N.Kendre and Mr.S.K.Shirse, AGPs' for the respondents / State.

CORAM : PRAFULLA S.KHUBALKAR, J.

DATE : 03.07.2025 PER COURT :- 1.

These are the applications for restoration of the first appeals, which were dismissed for failure to take steps to effect service upon respondent No.2 pursuant to the orders passed by the Registrar

(Judicial). The applicants are seeking condonation of delay of 486 days caused in filing these civil applications. 2.

The learned Advocate for the applicants submits that the first appeals were admitted vide order dated 30.06.2023 and the learned AGP has waived service of notice for respondent No.1/State. The notice of the first appeals could not be served upon respondent No.2 due to incorrect / wrong address. It is stated that the appellants failed to take steps despite orders passed by the Registrar (Judicial) on account of inadvertence and resultantly by orders dated 02.01.2024, the first appeals were dismissed for want of steps against respondent No.2. It is submitted that now the applicants have ascertained the correct address of respondent No.2 and service can be effected upon respondent No.2. Hence he prays for restoration of the first appeals.

3.

The learned AGPs' appearing for respondent No.1 opposes the application.

4.

In view of the contentions stated in the civil applications, particularly in paragraph Nos. 3 to 6 and having regard to the submissions advanced, the applications need to be allowed in the interest of justice. The delay of 486 days is condoned subject to the applicants depositing costs of Rs.2,000/- in each appeal, with the

Advocate Associations' Bar Library, High Court, Aurangabad within 2 (two) weeks from today. The first appeals be restored to its' original stage. Civil Applications stand disposed of. ( PRAFULLA S. KHUBALKAR, J.)