Ganesh Manmath Wadkar v. The State Of Maharashtra And ANR

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9400 OF 2018 IN RC/657/2012 WITH CIVIL APPLICATION NO. 9401 OF 2018 IN RC/667/2012 WITH CIVIL APPLICATION NO. 9404 OF 2018 IN RC/665/2012 WITH CIVIL APPLICATION NO. 9405 OF 2018 IN RC/671/2012 GANESH MANMATH WADKAR

VERSUS

THE STATE OF MAHARASHTRA AND ANR Mr.Mahesh S. Patil, Advocate for the applicant Mr.R.B.Bagul, AGP for the respondent/State CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

03.08.2018 P.C. :- .

Heard Mr. Patil, learned counsel appearing for the applicant.

2.

By the present application the applicant prays for condonation of delay of 1861 days caused in filing the civil application and then further prays for setting aside the order of the registration thereby the

( 2 ) registration of the appeal is refused. Learned counsel submitted that on the count of non payment of the court fees, the registration is refused. Learned counsel submits that the applicant is original claimant and being aggrieved by the judgment and award passed by the learned District Judge-1 dated 20.12.2011 in the Land Reference Application, the applicants are before this Court by filing the appeal. Learned counsel further submits that the grievance of this applicant is about inadequate amount of compensation awarded towards his land acquired by respondent No.2. Mr. Patil, learned counsel then submitted that the Acquiring Body i.e. Latur Minor Irrigation Division, Latur has also filed the appeals challenging the same judgment and award and First Appeal No.8329/2013 is admitted by this Court on 16.08.2013.

Learned counsel then submitted that the applicant was not having sufficient finance for depositing the requisite court fees as he was facing the financial difficulties and the only source of livelihood i.e. the agricultural land was acquired.

( 3 ) deficit court fees. Learned counsel submitted that as the valuable right of the parties is involved and the applicant is claiming monitory benefits, the refusal of registration on technical ground may cause serious prejudice.

3.

The application is opposed by the learned AGP as well as learned counsel appearing for respondent No.2. Though the application is opposed by the learned counsel appearing for respondents in view of the submissions of the learned counsel Mr. Patil and for the reasons stated in the application, the application is allowed subject to the applicant deposited the deficit Court fees in this Court within three weeks from today.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] VishalK/ca9400.18