← Library
Bombay High CourtCA/837/2025admittedallowedgrantedrule absolute

Shaikh Shahnoor Shaikh Gafoor v. The State Of Maharashtra Thr. The Collector, Aurangabad An ORS

2025-03-21Hon'Ble Shri Justice S. G. Chapalgaonkar2 pages

2025:BHC-AUG:8775 (1) 103-ca-837-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 837 OF 2025 IN FAST/2078/2025 SHAIKH SHAHNOOR SHAIKH GAFOOR

VERSUS

THE STATE OF MAHARASHTRA THR. THE COLLECTOR, AURANGABAD AN ORS ...

Mr. Shashikant Sakharam Londhe, Advocate for Applicant. Mr. V. S. Badakh, AGP for Respondents-State.

...

CORAM : S. G. CHAPALGAONKAR, J.

DATED : 21st MARCH, 2025.

P.C.:- 1.

Heard Mr. Londhe, learned Advocate appearing for the applicant.

2.

By this application, applicant seeks to condone delay of 3009 days caused in filing Appeal.

3.

Mr. Londhe submits that because of financial difficulty and lack of knowledge regarding legal proceeding delay has been occasioned. He further submits that in sister claim arising out of same acquisition, adjacent land holders of applicant are awarded higher rate of compensation. Therefore for the purpose of achieving object of parity, this Appeal needs to be heard and decided on merit.

4.

Considering submissions advanced and fact that applicant is litigating for getting just compensation towards acquired land, it would be just and proper to condone delay accepting the cause shown in application as sufficient. Hence, following order:

ORDER

(2) 103-ca-837-2025.odt a.

Civil Application is allowed.

b.

Delay of 3009 days caused in filing appeal is hereby condoned.

c.

Appeal be registered subject to removal of office objections. (S. G. CHAPALGAONKAR) JUDGE Devendra/March-2025