Datta Haribhau Ratu v. The State Of Maharashtra Through The Collector Jalna And ORS.

2025:BHC-AUG:11590 43-CA-1076-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 1076 OF 2025 IN FAST/2228/2025 DATTA HARIBHAU RATU

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

....

Mr. Kailas B. Jadhav, Advocate for the Applicant Mr. D. B. Bhange, AGP for Respondent Nos.1 and 2 ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 21.04.2025 PER COURT :- .

Heard learned advocate appearing for respective parties. Although respondent No.3 is served, none appears. 2.

Mr. Jadhav, learned advocate appearing for the applicant invites attention of this Court to order dated 06.06.2022 passed in group of civil applications along with C. A. No.10793 of 2021 in FAST/25701 of 2021 and submits that in sister appeals arising out of the same acquisition and award, this Court has already condoned the delay by recording reasons, the same Court must be followed in.

(( 2 )) 43-CA-1076-25 3.

Learned AGP appearing for the respondent Nos.1 & 2 does not dispute the aforesaid fact.

4.

In that view of the matter, for the reasons as recorded in the order dated 06.06.2022, as referred above, the applicant needs to be given similar treatment. Hence, Civil Application is allowed in terms of prayers clause (B) subject to condition that the applicant files an undertaking to the Registrar (Judicial) of this Court stating that the applicant shall not claim interest and statutory benefits for the delayed period, in case, his appeal for enhancement of compensation is favourably considered. Undertaking to be filed within a period of eight weeks from today which shall be made part of the Appeal.

5.

Appeal be registered subject to removal of office objections, if any.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav