V.I.D.C., Sinchan Bhawan, Nagpur Thr. Executive Engineer, Amravati Irrigation Division, Amravati v. Wahid Khan Akbar Khan And Others

1 71-CAF-2799-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION NO.2799 OF 2024 IN FIRST APPEAL (ST.) NO.4024 OF 2024 VIDC, Amravati Vs. Wahid Khan Akbar Khan and Another Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Ms. Shikha Vastani h/f. Mr. U.A. Gosavi, Advocate for the Applicant/Appellant.

Mr. M.A. Kadu, AGP for the Respondent No.2/State. CORAM: PRAFULLA S. KHUBALKAR, J .

DATED : 07 th MARCH, 1.

This is an application for condonation of delay of 04 days in filing the statutory appeal.

2.

In response to the notice on this application, learned AGP appears and waives for respondent No.2. Nobody appears on behalf of respondent No.1, although served.

3.

Learned counsel for the applicant submits that the delay occurred on account of administrative reasons in filing the statutory appeal.

4.

Having regard to the contents of the application and submissions advanced, the delay of 04 days does not appear to be intentional and the application needs to be allowed in the interest of justice. Accordingly, the civil application is allowed. Delay of 04 days in filing the statutory appeal is hereby condoned.

5.

In view above, the civil application is disposed of.

2 71-CAF-2799-2024.odt CIVIL APPLICATION NO.932 OF 2026 6.

By this application under Order 41 rule 5 of the Code of Civil Procedure, 1908, the applicant seeks stay to the judgment and award dated 30.11.2023 passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur.

7.

Issue notice to the respondents, returnable after four weeks.

8.

Learned AGP, waives service of notice on behalf of respondent No.2/State.

9.

Applicant is permitted to serve the remaining respondent by private mode, in addition to regular mode of service and file affidavit of service in that regard by next date.

10.

Having regard to the contents of the application and submissions advanced, subject to the appellant depositing the entire decreetal amount with Reference Court along with interest, within a period of two weeks from today, there shall be ad-interim stay to the impugned judgment and award passed by the Presiding Officer, Land Acquisition, Resettlement and Rehabilitation Authority, Nagpur, till next date.

(PRAFULLA S. KHUBALKAR, J . ) Privel