:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3422 OF 2007 IN FIRST APPEAL (ST) NO. 11241 OF 2007 State of Maharashtra and ors. ..Applicants Vs. Shri Vitthal Ganu Mhatre ..Respondent WITH CIVIL APPLICATION NO. 3424 OF 2007 IN FIRST APPEAL (ST) NO. 11246 OF 2007 WITH CIVIL APPLICATION NO. 3426 OF 2007 IN FIRST APPEAL (ST) NO. 11260 OF 2007 WITH CIVIL APPLICATION NO. 3428 OF 2007 IN FIRST APPEAL (ST) NO. 11255 OF 2007 WITH CIVIL APPLICATION NO. 3430 OF 2007 IN FIRST APPEAL (ST) NO. 11251 OF 2007 Ms. S.P. Manchekar, AGP for applicant-State in all the Civil Applications. Mr. S.G. Surana for respondent in all the Civil Applications. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. CORAM: B.H. MARLAPALLE & D.G. KARNIK,JJ. Date : January 05, 2009. Date : January 05, 2009. Date : January 05, 2009. P.C.: P.C.: P.C.: :2: 1. We have heard the learned AGP. We have also perused the order dated 4/2/2008 passed by this court and more particularly the requirement for the Government Officers concerned to clarify as to what steps were taken by the office of the SLAO from 5/7/2005 to 7/4/2007. In obedience of the said order dated 4/2/2008, three separate affidavits have been filed by Shri Purushottam B. Bhoir, Shri Shridhar W. Bodhe and Smt. Vaishali R. Chavan. All these three officers were holding the post of SLAO, Panvel. Mr. Bodhe was transferred on 15/6/2005 and, therefore, we are required to consider the explanation furnished by Smt. Vaishali Chavan, who was holding the post of SLAO from 14/6/2005 to 1/11/2006 and Shri Purshottam Bhoir who succeeded Smt. Chavan in the said post and had taken over from her on or about 2/11/2006. 2. From the affidavit filed by Shri J.B. Kadam, Superintendent, Civil Department, Office of the Government Pleader, High Court (A.S.), Mumbai clearly states that certified copies of the impugned awards were collected by responsible person from the office :3: of the District Government Pleader and the SLAO, Panvel on or about 16/2/2005. However, the certified copies were forwarded for the first time vide letter dated 7/4/2007. The certified copies were very much available on the record of the SLAO, Panvel and both Smt. Chavan as well as Mr. Bhoir were required to take steps to ensure that these copies were forwarded to the Government Pleader’s Office which they did not do. The explanation furnished by both of them for the delay caused from 5/7/2005 to 7/4/2007 (about 19 months) has not been satisfactorily explained and, therefore, in our opinion they are required to be saddled with costs. 3. In filing the appeals, there is a delay of 753 to 824 days. We are satisfied that the delay was caused more particularly from 5/7/2005 to 7/4/2007 on account of the laxity shown by the Government Officers in discharging their public duties and the Government should not suffer for the lapses of the Officers. :4: 4. Hence, delay condoned and the applications are allowed subject to payment of costs quantified at Rs.2000/- in each application. The costs amount will be recovered from Mr.Purushottam Bhoir and Smt. Vaishali Chavan equally by the Collector concerned within two months. The said costs amount shall be remitted to the Maharashtra State Legal Services Authority within four weeks from today, failing which appeals stand dismissed without reference to the court. (D.G. Karnik,J.) (D.G. Karnik,J.) (D.G. Karnik,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)