2501caf2272.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F.NO.2272 of 2010 in F.A.ST.NO.9759 of 2010. The State of Mah. through its Collector, Gadchiroli and ors. ..vs.. Balkrishna Rambhau Yerne ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.Kadu, AGP for the applicant/appellant. R.Joshi, Adv. for the respondent. CORAM : R.M.SAVANT, J. DATED : 25th January, 2011. By the above civil application, the applicants/appellants seek condonation of delay of 105 days in filing the appeal. The reasons therefor are mentioned in the civil application. The sum and substance of the reasons is that there was some administrative delay in obtaining the approval for filing the appeal. The learned counsel for the contesting respondent states that the facts disclose that the approval was granted within limitation. However, there is no explanation given in the civil application as to why the delay has occasioned after the said approval had been granted. It is well settled that in the matters of condonation of delay the State has to be shown some indulgence on account of the administrative delays that take place. It is also well settled that nobody benefits by the delay occasioned in filing the proceedings. Though rightly stated by the learned counsel for the respondent that there is no proper explanation as to why the delay has occasioned after the approval was granted. In 2501caf2272.10.odt 2 my view, considering the well settled principles which have been laid down in a catena of the judgments which are applicable to the applications filed on behalf of the State, seeking condonation of delay, the civil application of the State for condonation of delay is required to be allowed and is accordingly allowed. Resultantly, the delay of 105 days in filing the appeal is condoned. However, in my view the interest of justice would be served if the applicants/appellants are directed to pay costs of Rs.1,000/- (Rs.one Thousand only). The learned counsel for the respondent fairly states that the costs may be deposited with the High Court Legal Aid Services Sub-Committee, Nagpur. The costs shall be deposited accordingly. The civil application stands disposed of. PURSIS ST.NO.13554 of 2010. The learned Assistant Government Pleader appearing for the applicant seeks withdrawal of the pursis dated 27th December, 2010 in view of the fact that, according to him, no amount is necessary to be deposited either in this court or the Trial Court, pursuant to the decree. The pursis is accordingly allowed to be withdrawn. JUDGE chute