Uttareshwar Dharmaraj Karpe And ORS v. The State Of Maharashtra, Through The Collector Beed And ORS

2025:BHC-AUG:15423 1 1005 ca 2730.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2730 OF 2025 IN FIRST APPEAL STAMP NO. 4547 OF 2025 Uttareshwar Dharmaraj Karpe and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Shri Ashok R. Tapse, Advocate for the Applicants. Shri D. B. Bhange, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 18TH JUNE, 2025.

FINAL ORDER :

.

Applicants are seeking condonation of delay of 5184 days caused in preferring first appeal for enhancement. Learned counsel Mr. Tapse for the applicants submits that for the reasons stated in para Nos. 2 to 7, it is desirable to condone the delay. There are no malafides on the part of the applicants. They are ready to give up interest and the statutory benefits for the delayed period.

2.

The learned Assistant Government Pleader for the respondent Nos. 1 and 2 opposes the contents of the application and submissions of the applicants. None appears for the respondent No. 3/acquiring body.

2 1005 ca 2730.25 3.

There is no reason to doubt the contents of the applications. Although the delay is huge, the applicants are ready to forego the interest and statutory benefits for the delayed period. The applicants are agriculturists and they have lost their lands and source of income. It is desirable to adopt pragmatic view.

4.

The civil application is allowed in terms of prayer clause 'B'. However, the applicants shall not be entitled to claim interest and statutory benefits for the delayed period. The applicants shall deposit an amount of Rs. 1,250/- (Rs. One thousand Two hundred fifty only) with the office of the High Court Advocates Bar Association, Aurangabad within a period of four (04) weeks from today. The civil application is disposed of. [ SHAILESH P. BRAHME J. ] bsb/June 25