Late Aba Bhika Jadhav Died Through Lrs Mandabai Abaji Jadhav And Others v. The State Of Maharashtra And Others

1 ca 3121.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3121 OF 2016 IN WRIT PETITION NO. 1422 OF 2014 Late Aba S/o Bhika Jadhav died through L.Rs. Mandabai Abaji Jadhav and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Shri Bhagwan V. Thombre, Advocate for applicants. Shri A. M. Phule, A.G.P. for all Respondents. CORAM : S. V. GANGAPURWALA AND A. I. S. CHEEMA, JJ.

DATE : 11TH MARCH, 2016.

PER COURT :

.

Issue notice to respondents. The learned A. G. P. waives notice for all respondents.

2.

This is an application for condonation of delay. It is stated that the applicants are illiterate and were not knowing the procedure. The writ petition is with regard to the right of the petitioners seeking allotment of the land.

3.

It is trite that abatement has to be strictly construed and

2 ca 3121.16 application for setting aside abatement has to be liberally construed.

4.

Considering the same the present application is allowed in terms of prayer clauses "B", "C" and "D". The civil application is disposed of.

5.

Necessary amendment be carried out within a period of fourteen (14) days from today.

[ A. I. S. CHEEMA, J. ] [ S. V. GANGAPURWALA, J. ] bsb/March 16