1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD 53. CA/2349/2009 ( THE STATE OF MAH AND ORS V/S GUNDU LAXMAN ALANE) In FAST/2828/2009) -------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. D.V.Tele, AGP for the applicant. ... CORAM: K.U.CHANDIWAL, J. DATE:12/1/2010 P.C.:- 1. Heard learned A.G.P. The delay of 4107 days caused in filing the First Appeal is sought to be condoned. Apparently, the delay is exorbitant, one may find that it is not properly explained. The in-depth inquiry indicate, somebody wanted to stall the prosecution of the matter, to challenge the order of the Reference Court and thereby the files were kept in abeyance, they were not attended to. Typed copy of certified copy of the judgment 2 or Bill of Cost were not prepared. The files were missing in the office of the Government Pleader. The Division Bench of this Court, taking note of such lapses, on the part of the Government Pleader, directed an inquiry as to under what circumstances, the appeals were not filed or registration was refused. Learned Counsel submits that in-depth inquiry was caused, six staff members at different levels are suspended. 2. I find that the delay is exorbitant, however, in the light of deliberate attempt from the responsible officers of the Government, the State as a whole should not be the sufferer. 3. Incidentally, with the assistance of the learned A.G.P., I have gone through the award in LAR No.573/1994, recorded by the learned Civil Judge, Senior Division, Latur, dt.10.8.1998. The sale instances which the learned Judge has considered are of different village and had no 3 proximity to the property acquired. That apart, the award is enhanced from Rs.6,000/- to Rs. 32,000/- per acre with regular benefits. 4. Respondent served, however, no participation. In the above set of facts, sufficient grounds being shown, delay is condoned. Application allowed. Issue notice afresh in the appeal to the respondents. Call for R & P. (K.U.CHANDIWAL) JUDGE ... agp/2349-09ca