Rekha Amru Rathod And Others v. State Of Maharashtra, Through Its Secretary, Soil And Water Conservation Department, Mumbai And ORS

2025:BHC-NAG:9412 1 7. CAO 708 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAO) NO.708 OF 2025 IN MISC. CIVIL APPLICATION (STAMP) NO.14198 OF 2025 REKHA AMRU RATHOD AND OTHERS

VERSUS

STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, SOIL AND WATER CONSERVATION DEPARTMENT, MUMBAI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. R.J. Shinde, Advocate for Applicants.

Mr. S.V. Narale, AGP for Respondent-State.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 19th SEPTEMBER 2025 1.

Heard learned Advocate for the applicants.

2.

This is an application for condonation of delay in filing the application for restoration of writ petition, of which registration was refused for failure to remove the office objections. 3.

Learned Advocate for the applicants states that the applicants want to prosecute the petition and the controversy is with respect to the refusal of grant of compensation against land acquisition. He submits that there is delay of 154 days. He submits that the delay is unintentional and needs to be condoned. 4.

Although Learned AGP objects the application for condonation of delay, having regards to the contents of the application and submissions advanced, the delay of 154 days is condoned, however, subject to costs of Rs.2,500/- (Rupees Two Thousand Five

2 7. CAO 708 of 2025.odt Hundred Only), to be paid by the applicants to the High Court Bar Association Library, Nagpur, within a period of two weeks from today. 5.

Accordingly, the civil application is disposed of. MISC. CIVIL APPLICATION (STAMP) NO.14198 OF 2025 6.

This is an application for restoration of writ petition, which is dismissed in default by order dated 16.12.2024, for non removal of office objections within stipulated period. 7.

Learned Advocate for the applicants submits that the applicants want to contest the petition on merits and same needs to be restored.

8.

Having regard to the reasons mentioned in the application, the application for restoration of writ petition is allowed. The order dated 16.12.2024, passed by the Registrar (Judicial), is quashed and set-aside. The applicants are directed to remove the office objections within a period of two weeks. Thereupon, the writ petition be restored.

9.

Accordingly, the miscellaneous civil application is disposed of.

(PRAFULLA S. KHUBALKAR, J.) asd