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Bombay High CourtCAF/790/2021ca disposed off

Panjabrao D. Naik (Dead) Thr. Lrs. Sulochanabai P. Naik (Dead) Thr. Lrs. Pramod Panjabrao Naik v. The State Of Maharashtra Through Collector, Yavatmal And Others

2022-01-07Hon'Ble Smt. Justice Anuja Prabhudessai2 pages

921-fast-845-20.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR Civil Application No. 790 of 2021 in First Appeal St. No. 845 of 2020 Panjabrao Devbarao Naik (dead) through his legal heirs

Versus

The State of Maharashtra, through the Collector, Yavatmal and others Office Notes, Office Memoranda of Court' s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order Shri K.S. Narwade, Advocate for the Appellant. Shri Harshal Dubey, AGP for the respondent no.1 and 3. CORAM : SMT. ANUJA PRABHUDESSAI, J.

DATE : 7 th JANUARY, 2022.

By this application, the Applicants have sought to condone the delay of 266 days in filing the appeal under Section 54 of the Land Acquisition Act, 1894.

2.

Shri Narwade, learned counsel for the Applicants states that the Applicants shall not claim interest for the delayed period i.e. 266 days. The respondent no.2/acquiring body has not controverted the statement made in the application despite due service of notice. Learned AGP has no objection for condoning the delay. In the light of the said statement and in view of the SKNair

921-fast-845-20.odt reasons stated in the application, the delay is condoned. The civil application is disposed of.

3.

Appeal be registered after removing office objections, if any.

First Appeal Stamp No. 845 of 2020 4.

Heard.

5.

Admit.

6.

Call for the record and proceedings.

7.

Shri H.D.Dubey, learned AGP waives service of notice on behalf of Respondent nos. 1 and 3. 8.

Issue notice to the Respondent No.2.

9.

Private paper-book to be filed within six months.

(SMT. ANUJA PRABHUDESSAI, J.) by SACHINDANAND K NAIR Date: 2022.01.10 17:47:13 +0530 SACHINDANAND K NAIR SKNair