- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 2341 of 2009 IN FIRST APPEAL (St.) No. 4894 OF 2008 The State of Maharashtra ... Applicant Vs. Harihari Ganesh Dhere ... Respondents WITH CIVIL APPLICATION No. 2340 of 2009 IN FIRST APPEAL (St.) No. 4899 OF 2008 The State of Maharashtra ... Applicant Vs. Harihari Ganesh Dhere ... Respondents *** Mr. A. R. Patil, AGP for the applicants. *** CORAM : R. V. MORE, J. DATE : JULY 10, 2009. PC :- 1. All the above Civil Applications are taken out by the State of Maharashtra for restoration of the respective First Appeals filed therein. These First Appeals arose out of an award passed under section 18 of the Land Acquisition Act. The appeals were filed on the stamp of Rs.10/-. The office raised objection regarding deficit court-fee. Thereafter by the order dated 12th August 2007, the Registrar (Judicial) directed the State of Maharashtra/ applicant to deposit the deficit Court Fee within 14 days, failing which the appeal shall stand dismissed for non-prosecution. As this order was - 2 - not complied with by the applicant, the appeals automatically came to be dismissed for non removal of office objection. Above Civil Applications are taken out for setting aside the order of dismissal and restoration of the First Appeals. 2. Since the aforesaid First Appeals are dismissed for non-removal of office objection, prior to issuance of notice to the respondent, in my view for the purpose of disposal of these applications, notice to respondents can be dispensed with. 3. The abovesaid applications were initially placed before the Division Bench of this Court. In view of the provisions of Chapter V, Rule 6 of the High Court (Appellate Side) Rules, it is observed that an order of the Registrar can be challenged only by filing revision before the Single Judge. The Division Bench also by separate order directed to treat the Civil Applications as Civil Revision Applications. In the above facts, the present Civil Applications are placed before this Bench. 4. The learned AGP for the applicant State of Maharashtra makes a statement that deposit of the Court fee shall be made within a period of 4 weeks from today. Statement is accepted. In view of this statement and for the reasons stated in the Civil Applications, the same are disposed of by passing the following order. ORDER (i) Civil Application Nos. 2341 of 2009 and 2340 of 2009 are - 3 - allowed by condoning the delay, if any, occurred in filing the First Appeal (St.) Nos. 4894 of 2008 and 4899 of 2008 and the same are accordingly restored to the file. (ii) Office is directed to register the above First Appeals and proceed further. Sd/- [ R. V. MORE, J.]