Bombay High CourtCAF/37/2022ca disposed off

V. I. D. C. Through The Executive Engneer, Irrigation Department, Wardha And Another v. Shri Yeshwant S/O Shridhar Urkudkar And 2 Others

2022-11-22Hon'Ble Shri Justice Avinash G. Gharote3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAF) NO.271/2021 IN FIRST APPEAL ST. NO.1451/2020 Vidarbha Irrigation Development Corporation Through the Executive Engineer, Irrigation Department, Wardha and another ...Versus...

Shri Yeshwant s/o Shridhar Urkudkar and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders or directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ----- ------------ - Shri Gosavi, Advocate h/f Smt. J.J. Alkari, Advocate for applicants Shri M.A. Kadu, AGP for respondent nos.2 and 3 CORAM : AVINASH G. GHAROTE, J.

DATE : 22/11/2022 This civil application seeks leave to file appeal. Though the respondent no.1 is served, none appears. Learned Assistant Government Pleader Shri Kadu appears for the respondent nos.2 and 3. Since the applicant - Vidarbha Irrigation Development Corporation is the authority for whom the acquisition is made, accepting the reasons given in the civil application, the same is allowed. Leave to file appeal is granted. CIVIL APPLICATION (CAF) NO.37/2022 The civil application seeks condonation of delay of 360 days in filing the first appeal. Though the respondent no.1 is

served, none appears. Learned Assistant Government Pleader Shri Kadu appears for the respondent nos.2 and 3. Considering the quantum of delay and accepting the reasons given in the civil application, the same is allowed. Delay of 360 days in filing the first appeal is condoned. Office to register the appeal.

FIRST APPEAL ST. NO.1451/2020 Issue notice to the respondents, returnable in two weeks.

Learned Assistant Government Pleader Shri Kadu waives service of notice for the respondent nos.2 and 3. Appellants to serve the respondent no.1 by all modes of service permissible in law.

Call record and proceedings. The appellants shall also file private paper-book within a period of two weeks from today.

CIVIL APPLICATION (CAF) NO.39/2022 The application seeks stay to effect and operation of the impugned judgment.

Issue notice to the respondents, returnable in two weeks.

Learned Assistant Government Pleader Shri Kadu waives service of notice for the respondent nos.2 and 3.

Appellants to serve the respondent no.1 by all modes of service permissible in law within a period of two weeks. Within the aforesaid duration, the appellants shall deposit the entire compensation amount in this Court.

(AVINASH G. GHAROTE, J.) Wadkar SUKHADEORAO WADKAR