The Ex. Engineer, Irrigation Department Osmanabad And ORS v. Dattatray Sahajirao Kawade
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.2534 OF 2021 IN FAST/17297/2020 THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS VS SHAHAJI LAXMAN KAWADE AND CIVIL APPLICATION NO.2536 OF 2021 IN FAST/17959/2020 THE EX. ENGINEER, IRRIGATION DEPARTMENT OSMANABAD AND ORS VS DATTATRAY SAHAJIRAO KAWADE AND CIVIL APPLICATION NO.2542 OF 2021 IN FAST/17972/2020 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OSMANABAD, DISTOSMANABAD AND ORS VS SANTOSH SHAHAJIRAO KAWADE AND CIVIL APPLICATION NO.2538 OF 2021 IN FAST/17991/2020 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, OSMANABAD, DIST, OSMANABAD VS SAROJA SANTOSH KAWADE ...
Mr. A. H. Koralkar h/f Mr. U. P. Giri, Advocate for the Applicants. Mr. P. M. Kulkarni, AGP for Respondents-State. Mr. L. C. Patil, Advocate for Respondent No.1. ...
(2) CORAM : S. G. CHAPALGAONKAR, J.
DATE : 11th AUGUST, 2023.
PER COURT:- 1.
By these applications, the applicants seek to condone the delay of 918 days caused in filing the appeals. 2.
The learned Advocate appearing for the applicants submits that the delay has occasioned on account of administrative and procedural aspects. The applicants require to obtain various sanctions and approvals for filing the appeals. Time consumes in such compliance. By inviting attention of this Court to the averments of the applications, he would submit that sufficient cause is made out.
3.
The learned Advocate appearing for the respondents opposes the prayer stating that the reasons as stated in the applications cannot be accepted as sufficient cause. 4.
Having considered the submissions advanced, it is apparent that the applicants have taken steps to get administrative approvals and sanctions for filing appeals and time is consumed for that purpose. The delay is not intentional. The applicants have not derived any disadvantage by making such delay. Hence, case is made out to condone the delay. Hence, the following order:
ORDER
a.
Civil Applications are allowed.
b.
Delay of 918 days caused in filing the appeals is condoned.
(3) c.
The appeals be registered subject to removal of office objections, if any.
d.
Civil Applications are disposed of.
(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2023