Sherkhan Ismailkhan Pathan And Others v. The State Of Maharashtra And Another

(1) C. A. Nos. 13124 & 13125 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 13124 of 2015 (In First Appeal Stamp no. 2733 / 2015) Sherkhan s/o. Ismailkhan Pathan & 3 others.

.. Applicants.

versus The State of Maharashtra, through the Collector, Beed, & another.

.. Non-applicants.

With Civil Application No. 13125 of 2015 (In First Appeal Stamp no. 2735 / 2015) Ganpatrao s/o. Manoharrao Mendke.

.. Applicant.

versus The State of Maharashtra, through the Collector, Beed, & another.

.. Non-applicants.

.........................

Mr. Kuldeep S. Patil, Advocate, holding for Mr. S.S. Choudhary & Mr. D.B. Pokale, Advocates, for applicants.

Mr. B.V. Virdhe, Assistant Government Pleader, for non-applicants.

..........................

(2) C. A. Nos. 13124 & 13125 of 2015 CORAM : A.M. BADAR, J.

DATE : 27TH NOVEMBER 2015 PER COURT :

1.

These are applications for condonation of delay of about 485 days in preferring appeals under Section 54 of the Land Acquisition Act, 1894, by original claimants.

2.

The learned Counsel appearing for applicants submits that the applicants are original claimants and being agriculturists, because of paucity of funds, they could not challenge the impugned judgment and award by preferring appeals within the period of limitation. 3.

The learned Assistant Government Pleader opposes the applications by contending that sufficient cause is not shown. 4.

Perusal of applications reflects sufficient cause and as such, for the reasons stated in Applications, the Applications are allowed. Delay is condoned. First Appeals be registered and numbered. Civil Applications are accordingly disposed of.

( A.M. BADAR ) JUDGE ................................

puranik / CA13124etc