Chatrabhuj Sopan Sulanke v. The State Of Maharashtra Through District Collector Beed And ORS

2025:BHC-AUG:18782 1 970(i).CA-1770-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 CIVIL APPLICATION NO. 1770 OF 2025 IN FAST/3320/2025 CHATRABHUJ SOPAN SULANKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR BEED AND ORS .....

Advocate for the Applicant : Mr.Shirsat Suhas R AGP for Respondent/State : Mr.D.B.Bhange ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 16th JULY 2025 PER COURT :

.

Heard learned counsel Mr Shirsat. None appears for the Respondent/acquiring body. Learned AGP waives service of notice for Respondent Nos.1 and 4.

2.

The delay of 1792 days is sought to be condoned for the reasons stated in the application, in paragraph Nos.3 to 11. 3.

Learned counsel for the applicant submits that respondent/acquiring body has already preferred appeal against impugned judgment and award. It is only when applicant received amount by intervention of this Court in the appeal preferred by the acquiring body, it was possible for the applicant to file present appeal.

2 970(i).CA-1770-2025.doc 4.

Learned AGP would oppose the application.

5.

The contesting party has not caused appearance and contested for application for condonation of delay. Rather it had also filed appeal against impugned judgment and order. I have no reason to doubt the contents of the application. The earning source of the applicant is terminated. The reasons stated in the application appears to be convincing.

6.

Considering peculiar facts and circumstances of the case, I deem it appropriate to forfeit 50% of the interest and the statutory benefits in case applicants succeeds in the appeal. 7.

Civil application is allowed and the delay stands condoned on condition that 50% of the interest and statutory benefits shall stands forfeited in case appeal is allowed.

[ SHAILESH P. BRAHME, J.] vsj..