The State Of Mah Thr Collector And ORS v. Pradip Magarsing Gavit

ca13078.12 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13078 OF 2012 IN FAST/28212/2012 THE STATE OF MAH THR COLLECTOR AND ORS

VERSUS

PRADIP MAGARSING GAVIT ...

AGP for Applicants : Mr. K.D. Mundhe .....

CORAM : V. K. JADHAV, J.

DATED : 27th APRIL, 2016 PER COURT:- 1.

Heard learned A.G.P. for the State. None appears for the respondent sole though duly served.

2.

Learned A.G.P. submits that after securing legal opinion from the concerned A.G.P., the Law and Judiciary department Aurangabad recommended to prefer appeal and thereafter proposal was submitted to the office of Law and Judiciary department, Aurangabad by the concerned A.G.P. The same was scrutinized by the department and accordingly forwarded the same to the office of the Government Pleader, High Court, Bench at Aurangabad. Thereafter, the matter was allotted for preparing draft of appeal memo and since court fees was not accompanying with the proposal, further communications have been made with the concerned authority to pay the court fees. The learned A.G.P. submits that the

ca13078.12 -2delay is caused in filing appeal is not intentional but the same has been occurred due to administrative difficulties which are beyond the control of concerned department.

3.

In view of the above submissions, delay of 1534 days caused in filing first appeal is hereby condoned in the interest of justice. Civil application is allowed and disposed of.

( V. K. JADHAV, J.) rlj/