ca429.05 -1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 429 OF 2005 IN FIRST APPEAL (ST.) NO. 23933 OF 2004 The State of Maharashtra ...Applicant Versus Maruti s/o Irappa Reddy (Since deceased through L.Rs.) Smt. Laxmibai w/o Maruti Reddy and others ...Respondents ..... Mr. T.S. Lodhe , AGP for the applicant Shri G.K. Sontakke, advocate for respondents ..... CORAM: R.M. BORDE, J. DATED: 8TH JUNE, 2011 PER COURT:- 1 This is an application presented by the State Government seeking condonation of delay of 2299 days occurred in presenting the first appeal. 2 I have perused the application. There is absolutely no cogent reason recorded in application for presenting the appeal at such belated stage. The reason recorded in the application is in respect of administrative difficulty faced by Government which has resulted in presentation of appeal late. It is also recorded in the application that ca429.05 -2- Legal Cell was constituted by the State for the purpose of scrutiny of the appeal proposals and there were thousands of appeals allotted for scrutiny, which consumed considerable time. The reason given in the application is not at all convincing. Apart from aspect of delay, I am of the view that amount awarded by the Reference Court of Rs.20,000/- per acre for dry land and Rs.25,000/- per acre for irrigated land is quite moderate. Considering the reasons recorded in the judgment delivered by the Reference Court, it cannot be concluded that enhancement that has been directed is based on no evidence. The civil application for condonation of delay presented by the State in the matter arising out of the same award being civil application No. 428 of 2005 in first appeal (st.) No. 23926 of 2004, came to be dismissed and as such for the reasons recorded while rejecting said application instant application also does not deserve any consideration. Hence, The application seeking condonation of delay of 2299 days stands rejected. 3 In view of rejection of application seeking condonation of delay, First Appeal shall not be registered. The appellant-State is entitled for refund of court fees in accordance with Rules. ( R.M. BORDE. J.) rlj/