Bombay High CourtCAF/3991/2019admittedallwdgrantedrule absolute

Shri Sudhir Gajanan Lekurwale Through Poa., Sau. Prema Sudhir Lekurwale v. The State Of Maharashtra Through Its Collector, Amravati And 2 Others

2019-09-25Hon'Ble Shri Justice Nitin W. Sambre2 pages

1 fast16186.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION STAMP NO.16188/2018 IN FIRST APPEAL STAMP NO.16186/2018 (R.C.244/2019) Sudhir Gajanan Lekurwale ..Vs..

The State of Maharashtra and others - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.M. Bhagde, Advocate for the appellant. Shri V.P. Maldhure, A.G.P. for respondents / State. CORAM : NITIN W. SAMBRE, J.

DATED : 25.9.2019 1] Heard.

2] All the office objections be removed within a period of four weeks from today.

3] There is a delay of 377 days, which is though properly explained, is objected by the learned A.G.P. appearing for the respondents / State.

4] In view of the explanation tendered, delay stands condoned. Civil application is allowed. No costs. FIRST APPEAL STAMP NO.16186/2018 (R.C.244/2019) 5] Heard.

2 fast16186.18 6] There is no reason as to why Exhibits 26 to 30 are disbelieved by the Reference Court which are in close proximity of the date of Section 4 notification. Without looking into Section 4 notification and the judgment which is relied on at Exh.42 delivered in L.A.C. No.102/2011 the Reference Court prima facie appears to have granted a meager compensation. Hence, ADMIT. 7] Shri V.P. Maldhure, learned A.G.P. waives notice for the respondents / State.

8] Paper book be filed within a period of six months from today, failing which the appeal shall stand dismissed without reference to Court.

9] Call R & P.

JUDGE Tambaskar.