Mahadev Punjaram Kamble And Another v. The State Of Maharashtra And Others

{1} 925 sr.no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 9992 OF 2013 IN RC/120/2013 MAHADEV PUNJARAM KAMBLE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. L.S. Shaikh h/f Mr. Dattatraya R. Jayabhar AGP for Respondents: Mr. S.R. Yadav CORAM : K.K. SONAWANE, J.

DATE : 22nd November, 2017.

PER COURT:

1] Heard learned counsel for the applicant. Perusal of the application reveals that there were office objections and same were not removed. Therefore, the concerned Registrar was constrained to refuse registration of appeal by order dated 11.12.2012. 2] The applicant undertakes to remove the office objections immediately after its restoration. He prayed to allow the application. 3] Admittedly, the matter pertains to Land Acquisition proceeding. The applicant preferred the appeal for enhancement of compensation amount awarded by the Reference Court.

4] In view of nature of subject matter, in my view, reasonable opportunity is required to be given to the applicant to pursue the appeal. Hence, the order of refusal of registration of appeal is hereby quashed and set aside by allowing the present application in terms of prayer clause (B) and (C). Delay caused for filing the application is hereby condoned. Appeal be restored to its original stage. Applicant to remove the office objections within two weeks after its restoration on record. Registry to take requisite steps for further process.

[K.K. SONAWANE] JUDGE.

grt/-