1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1584 OF 2009 IN FIRST APPEAL(ST) NO.5461 OF 2009 The State of Maharashtra & Ors. )..Applicants V/s. Shri Kishorilal Gopikisan Kasat since deceased, through his L.Rs. )..Respondents ---- Mr. J.P. Yagnik AGP for the applicants. None for the respondents. ---- Coram : R.S.MOHITE,J Date : 14th January, 2010 PC 1 This is a Civil Application for condonation of 425 days delay in filing of the First Appeal. None for the respondents though served. On reading the application, it is seen that the ground for delay is that the papers for filing the First Appeal was not traceable in the branch though a proposal for filing First Appeal and application were sent by the office of the District Government Pleader. This appears to be a case where there is a very huge enhancement from Rs.13,500 per hector to Rs.2,00,000 per hector. The possibility that the papers were deliberately mis-placed cannot be ruled out. However, I am inclined to condone the delay subject to payment of cost of Rs.5,000/-. The cost will be deposited in this court within a period of four weeks from today. The Government will be at liberty to 2 find out as to how the papers became untraceable and to fix responsibility on the concerned officer and recover the cost from the said officer. Subject to payment of cost, the delay is condoned. Office to number the First Appeal. In case costs are not paid within 4 weeks, office to place the matter for further orders. Civil Application stands disposed off. FIRST APPEAL (ST) NO.5461 OF 2009 1 Heard AGP for the appellant/State. There is a substantial enhancement from Rs. 13,500 per hector to Rs.2,00,000 per hector. In my view, matter requires consideration. Hence, Admit. Call for record & proceedings. (R.S.MOHITE,J) 3