ca8360.11 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ CIVIL APPLICATION NO. 8360 OF 2011 In CP/352/2010 THE STATE OF MAH VERSUS PRATAP PRABHAJI KSHIRSAGAR AND ORS ... AGP Applicant State : Mr.D.R. Kale. Advocate for Respondent(s) :Mr. G.K.Naik Thigle ... CORAM : S.S. SHINDE, J. Dated: July 20, 2011 ... Heard. 2 This civil application has been filed praying therein that applicant may be permitted for forwarding and getting registered the references in the photocopies form and further to direct the competent Court to accept the references as they are forwarded. 3 It is the contention of the learned AGP that since copies of the original references are misplaced, an ca8360.11 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ application was filed before the Principal District Judge, Beed praying therein to accept the photo copies of the references. It is further submitted that after tendering such application, on scrutiny the Principal District Judge, Beed found that necessary Court fees stamps were not affixed on the said references and further original copies of the said references were not tendered. Therefore, the Principal District Judge, Beed directed the Special LAO to comply with those shortcomings and then present the references. 4 It is further submitted that since the original copies of the references are misplaced and to that effect, unconditional apology has been tendered before this Court in Contempt Petition No. 352/2010 by the Special LAO, photo copies of the reference produced before the Principal District Judge, Beed may be accepted. According to the learned AGP, the references arise out of land acquisition proceedings ca8360.11 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ and in case photo copies are not accepted by the District Court, in that case, great prejudice will be caused to land owners whose lands have been acquired. 5 The learned Counsel for the respondents has no objection if the application is allowed 6 Upon hearing the parties and perusal of the contents of the application and the letter written by the Principal District Judge, Beed at Exh.E at page 31 of the compilation addressed to the Special LAO, I am of the opinion that since the proceedings are arising out of land acquisition and in case if the Land Acquisition Officer is not allowed to place on record the photo copies of the references, it will cause great prejudice to the respondents / farmers whose lands have been acquired. Therefore, because of the mistake of the Special LAO the respondents should not suffer. It ca8360.11 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ would be in the interest of justice to direct the Principal District Judge, Beed to accept the photo copies of the references. 7 As stated earlier, the AGP submitted that the objection regarding necessary court fees has already been removed. In case, if the objection regarding payment of Court fees is not already removed, within two weeks from today, the Special LAO to remove the said objection and then present the photo copies of the references. Upon presentation of photo copies of the references, the Principal District Judge, Beed should accept the same and treat the same as references. This order is passed in the peculiar facts and circumstances of this case. So far as the objection in respect of Court fees is concerned, this Court has not exempted the office of the Special LAO and it is bound ca8360.11 5 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ to pay the Court fees, if not already paid. 8 Therefore, the civil application is allowed. The Principal District Judge, Beed to accept the photo copies of the references after payment of court fees, as contemplated under the relevant Rules and treat the said references as original one. Civil Application allowed accordingly, and disposed of. (S.S. SHINDE, J.) PLK/*