Balasaheb Bhausaheb Gangad And Others v. The State Of Maharashtra And Others

ca2550.19 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.2550 OF 2019 IN R.C. NO.1244 OF 2018 (WRIT PETITION (ST.) NO.7510 OF 2018 Balasaheb s/o Bhausaheb Gangad and others.

..APPLICANTS

VERSUS

The State of Maharashtra and others ..RESPONDENTS Mr D.B. Gaikwad, Advocate for applicants;

Mrs R.P. Gaur, A.G.P. for respondent - State CORAM : PRASANNA B. VARALE AND S.M. GAVHANE, JJ.

DATE : 25th February, 2019 ORAL ORDER:

Heard learned Counsel appearing on behalf of the applicants. It is submitted that due to inadvertence office objections were not removed within the stipulated period. It is also submitted that as there was some communication gap between the Counsel and his associate due to vacation, the Counsel was unable to take necessary steps at the earliest. As such, delay is caused in filing the application. It is then submitted that the applicants are the agriculturists and the issue raised in the petition is by way of a challenge to the notification under Section 4 (1) of the Land Acquisition Act and then the applicants also submit that they could rightfully claim the benefits arising out of the compensation such as, the compensation, etc., the rejection to consider the writ petition on technical

ca2550.19 (2) ground would cause a serious prejudice to them. Learned Counsel also undertakes to remove office objections within the period stipulated and directed by this Court.

2.

In view of the statement of the Counsel and for the reasons stated in the application, Civil Application is allowed in terms of prayer clauses (B) and (C), subject to removal of office objections within two weeks from today.

(S.M. GAVHANE, J.) (PRASANNA B. VARALE, J.) amj