V.I.D.C. Through Executive Engineer, Canal Division, Bembla Project, Yavatmal And Another v. Smt. Prabhavati Vasantrao Nunnewar And Others

caf1752.18 32

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR CAF NO.1752/2018 AND CAF NO.2198/2018 IN FA ST.NO.5180/2018 Vidarbha Irrigation Development Corporation, thr. Executive Engineer, Canal Division, Bembla Project, Yavatmal, District Yavatmal ..vs..

Smt. Prabhavati Vasantrao Nunnewar and ors ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions Court's or Judge's Order and Registrar's orders ............................................................................................................................................................................................. Shri M.A. Kadu, Adv. h/f Mrs. Anjali Joshi, Counsel for the applicant.

Shri A.M. Balpande, AGP for non-applicant Nos.2 and 3.

CORAM

: V.M. DESHPANDE, J.

DATED : OCTOBER 8, 2018.

1.

This application is moved by the VIDC for grant of leave to file an appeal.

2.

Heard Adv. Shri M.A. Kadu h/f learned counsel Mrs. Anjali Joshi for the applicant and learned Assistant Government Pleader Shri A.M. Balpande for non-applicant Nos.2 and 3.

3.

On 27.6.2018, Notices on this application were issued to the non-applicants. Inspite of service, nobody is appearing for non-applicant No.1.

4.

In view of the law laid down by the Honourable Apex Court in the case of Vidarbha Irrigation Development Corporation ..vs.. Santosh Janba Warghane, reported at 2017(4) Mh.L.J. 64, leave to file the appeal is granted. .....2/-

caf1752.18 32 5.

The civil application stands disposed of accordingly.

CAF NO.2198/2018 1.

This is an application for condonation of delay in preferring the appeal. Delay is of 398 days. 2.

Heard learned counsel for the applicant and learned AGP for the State.

3.

On 27.6.2018, Notices on this application were issued to the non-applicants. Inspite of service, nobody is appearing for non-applicant No.1 and has not controverted statements of facts made on affidavit.

4.

In that view of the matter, the civil application stands allowed and disposed of. Office is directed to register the first appeal.

FA ST.NO.5180/2018 1.

Heard.

2.

ADMIT.

3.

The record and proceedings be called for.

4.

Learned AGP Shri A.M. Balpande waives service for respondent Nos.2 and 3.

JUDGE !! BRW !!

...../-