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Bombay High Court

The Executive Engineer Minor Irrigation Division LaturversusVithal Ram Kote and ors.

Disposal
Admitted/Allowed/Granted/Rule Absolute

Holding

The court held that the delay in filing the appeals is condoned.

Summary

The Executive Engineer, Minor Irrigation Division, Latur filed multiple civil applications seeking condonation of delay in filing appeals against awards passed by the Reference Court in land acquisition matters. The applications were heard before Justice S. G. Chapalgaonkar of the Bombay High Court, Aurangabad Bench. The court examined the reasons for the delay as set out in the applications and found them satisfactory. Accordingly, the court ordered that the delay in filing the appeals be condoned and that the appeals be registered after removal of any office objections. The civil applications were consequently disposed of as allowed.

Issues considered

  • Whether the delay in filing appeals against the Reference Court's award in land acquisition cases can be condoned under the provisions of the Code of Civil Procedure.

Subjects

  • condonation of delay
  • land acquisition
  • appeal
  • reference court
  • civil application
  • High Court

Judgment

2026:BHC-AUG:24806
                                    (1)                953-ca-6057-2026-Delay.odt



                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                BENCH AT AURANGABAD

                          CIVIL APPLICATION NO. 6057 OF 2026
                                   IN FAST/13548/2026

                THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                                       LATUR
                                      VERSUS
                            SURESH RAM KOTE AND ORS.
                                         …
                                        AND
                        CIVIL APPLICATION NO. 6059 OF 2026
                                 IN FAST/13564/2026

                THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                                       LATUR
                                      VERSUS
                        KISANRAO DATTARAO MANE AND ORS.
                                         …
                                        AND
                        CIVIL APPLICATION NO. 6061 OF 2026
                                 IN FAST/13579/2026

                THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                                       LATUR
                                      VERSUS
                       VIDYADHAR SHIVAJIRAO MANE AND ORS.
                                         …
                                        AND
                        CIVIL APPLICATION NO. 6063 OF 2026
                                 IN FAST/13599/2026

                THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                                       LATUR
                                      VERSUS
                  RANGNATH VITHOBA GUDALE DEAD THROUGH LRS 1
                       VIMALBAI RANGNATH GUDALE AND ORS.
                                         …
                                        AND
                        CIVIL APPLICATION NO. 6065 OF 2026
                                 IN FAST/13614/2026

                THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                                     LATUR
                                    VERSUS
                         TANAJI KALIDAS MANE AND ORS.
                  (2)                953-ca-6057-2026-Delay.odt



                        …
                       AND
        CIVIL APPLICATION NO. 6067 OF 2026
                 IN FAST/13610/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
       SAMBHAJI VITHOBA GUDALE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6069 OF 2026
                 IN FAST/13553/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
       DIJISAHEB MADHAVRAO PATIL AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6071 OF 2026
                 IN FAST/13595/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
        SANJAY SAMBHAJI GUDALE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6074 OF 2026
                 IN FAST/13592/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
            VITHAL RAM KOTE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6076 OF 2026
                 IN FAST/13560/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                     LATUR
                    VERSUS
        PRAMOD DAJISAHEB PATIL AND ORS.
                       …
                      AND
                       (3)                    953-ca-6057-2026-Delay.odt



           CIVIL APPLICATION NO. 6078 OF 2026
                    IN FAST/13588/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
        YESHWANT BALAJI GUDALE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6080 OF 2026
                 IN FAST/13585/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
         BALAJI VITHOBA GUDALE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6082 OF 2026
                 IN FAST/13582/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
         MANOJ SHIVAJIRAO MANE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6084 OF 2026
                 IN FAST/13576/2026

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                       LATUR
                      VERSUS
       RAVINDRA SHIVAJIRAO MANE AND ORS.
                         …
                        AND
        CIVIL APPLICATION NO. 6086 OF 2026
                 IN FAST/13567/2026

 THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
                             LATUR
                            VERSUS
        RATNAMALA BHAGWANRAO MANE AND ORS.
                                …
Mr. G. S. Khaire h/f Mr. Shrirang Shashishekhar Dande, Advocate
for Applicants.
Mr. S. G. Sangle, AGP for Respondents-State.
                           (4)                        953-ca-6057-2026-Delay.odt



Mr. N. D. Kendre, Advocate for Respondent No.1.
                                ...
                        CORAM : S. G. CHAPALGAONKAR, J.
                        DATED : 25th JUNE, 2026.
P.C.:-

1.      Heard learned Advocates appearing for respective parties.

2.      By these applications, applicants seek to condone delay
caused in filing Appeals against award passed by Reference Court
in Land Acquisition Reference.

3.      Perused application. Considering submission advanced and
reasons as stated in Civil Applications, case is made out to condone
delay. Hence, following order is passed:
                                 ORDER
a.      Civil Applications are allowed.

b.      Delay caused in filing Appeals is condoned.

c.      Appeals be registered on removal of office objection, if any.

d.      Civil Applications stand disposed of.



                                          (S. G. CHAPALGAONKAR)
                                                   JUDGE
Devendra/June-2026


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