The Ex. Engineer, Irrigation Project Strengthening Div. Omeraga v. Iranappa Mahadaappa Upase Thr Its Power Of Attorney Vijay And ORS

2025:BHC-AUG:19687 {1} CA 196 OF 2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 196 OF 2021 IN FAST/21160/2020 THE EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIV. OMERAGA

VERSUS

IRANAPPA MAHADAAPPA UPASE, DIED, THR.LRS. VIKAS IRANAPPA UPASE AND ORS.

...

Advocate for Applicant : Mr.Mukul S Kulkarni Advocate for Respondent nos. 1-A to 1-C: Mr. Sanjay A. Wakure AGP for Respondent nos.2 & 3 : Mr.N.D.Batule ...

CORAM : ABHAY S. WAGHWASE, J.

DATE : 25 JULY, 2025 ORDER :- 1.

Heard learned counsel for the applicant acquiring body and the learned counsel for the respondents - claimants and learned AGP. 2.

Present application is for condonation of delay of 1933 days caused in filing the appeal against judgment and order of the Reference Court passed in the land acquisition reference. 3.

The learned counsel for applicant acquiring body submits that applicant had to meet various authorities for obtaining sanction for court fees and therefore, delay is caused for administrative reason. Therefore, he prays for allowing the application.

{2} CA 196 OF 2021 4.

Learned counsel for respondents-claimants opposed the application.

5.

For the reasons mentioned in the application and in view of observations of the Hon'ble Supreme Court in the case of Suresh Kumar v. State of Haryana and Ors. dated 23-04-2025 passed in Civil Appeal arising out of SLP (C) No.670 of 2020 with connected matter, the delay is required to be condoned. Accordingly, application is allowed. Delay stands condoned.

6.

Appeal be registered. On registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Mr.Wakure, learned counsel waives service of notice for respondent nos.1-A to 1C -claimant. Learned AGP waives service of notice for respondent nos.2 and 3.

( ABHAY S. WAGHWASE ) JUDGE SPT