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Bombay High CourtCA/15049/2016disposed offdismissed for default

Radheshyam Nagnathrao Patil Died Lrs Lila And Others v. The Executive Engineer, Medium Project Division, Nanded And Others

2017-11-28Hon'Ble Shri Justice K. K. Sonawane2 pages

1 923-CA-15049-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 923 CIVIL APPLICATION NO. 15049 OF 2016 IN RC/1038/2012 RADHESHYAM NAGNATHRAO PATIL DIED LRS LILA AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, NANDED AND OTHERS ...

Advocate for Applicants : Mr. A. S. Gandhi h/f Mr. Pratap P.Mandlik AGP for Respondent No. 2 : Mr. S.R. Yadav ...

CORAM : K.K. SONAWANE, J.

DATED : 28th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicants.

2.

Perused the application. The applicants preferred the appeal against impugned judgment and award passed by the learned Reference Court under section 18 of the Land Acquisition Act There were office objections, however, the same were not removed within stipulated period, hence, appeal came to be dismissed. The learned counsel for applicants prayed to quash and set aside the order of refusal of restoration of the appeal. He undertakes that he will remove the office objections within six weeks after restoration of the appeal at its original stage. 3.

Admittedly, the matter pertains to compensation amount

2 923-CA-15049-16 of the land acquired. In view of nature of subject-matter and submissions made on behalf of applicants, the application is allowed in terms of prayer clauses "B and C". The delay caused in filing the present application stands condoned. The first appeal be restored to its original stage. The order of refusal registration of the appeal stands quashed and set aside. The applicants to remove office objections within six weeks after restoration of the proceedings at its original stage. Failure to which, present order passed by this Court shall stand vacated automatically without further reference to this Court.

4.

Civil application stands disposed of accordingly. Sd/- [ K. K. SONAWANE ] JUDGE MTK.