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Bombay High CourtCA/10558/2022admittedallowedgrantedrule absolute

Ganesh Inderrao Raut v. The State Of Maharashtra Thr The Collector, Jalna And ORS

2025-08-01Hon'Ble Shri Justice Abhay S. Waghwase2 pages

{1} CA 10558 OF 2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 10558 OF 2022 IN FAST/8723/2022 GANESH INDERRAO RAUT

VERSUS

THE STATE OF MAHARASHTRA, THR THE COLLECTOR, JALNA AND ORS ...

Advocate for Applicant : Mr.Jay R.Raundale h/f. Mr. More Kumar Gaurav M.

AGP for Respondent nos. 1 to 3 : Mr.S.M.Ganachari ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 01 AUGUST, 2025 ORDER :- 1.

This application is filed by the claimant for condonation of delay of 1381 days caused in filing first appeal against the judgment and order passed by the Reference Court in Land Acquisition Reference.

2.

Learned AGP submits that he can waive service of notice for respondent no.3. He opposed application stating that delay is not properly explained. It is further submitted that, if at all this Court is inclined to condone the delay, the statutory benefits may not be granted for the period of delay.

{2} CA 10558 OF 2022 3.

For the reasons mentioned in the application and in the interest of justice, delay caused in filing first appeal is required to be condoned. Accordingly, application is allowed. Delay is condoned on the condition that the applicant shall not be entitled for the interest for the period of delay.

4.

Accordingly, application is disposed of.

5.

Appeal be registered. On registration of appeal, issue notice to the respondents, returnable within four weeks thereafter. Learned AGP waives service of notice for respondent nos.1 to 3. ( ABHAY S. WAGHWASE ) JUDGE SPT