Sukhadev Rambhau Magar v. The State Of Maharashtra And ANR

(1) 938 CA-5640.2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO.5640 OF 2020 IN FAST/9085/2019 SUKHADEV RAMBHAU MAGAR

VERSUS

THE STATE OF MAHARASHTRA AND ANOTHER ...

Mr. L.S. Shaikh, Advocate holding for Mr. V.B. Wayal, Advocate for the applicant.

Mr. S.R. Yadav-Lonikar, A.G.P. for respondent No. 1 - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

07.09.2022.

ORDER:- 1.

Heard the rival submissions. The applicant is seeking condonation of delay of 1282 days which, according to him, has been caused due to his poor fnancial condition. 2.

The learned A.G.P. strongly opposed the application on the ground that no reasonable cause is mentioned for condoning the delay. Respondent No.2 Acquiring Body, despite service, remained absent.

3.

Considering the statutory right of the applicant and for the reasons mentioned in the application, the application is allowed and the delay of 1282 days stands condoned subject to condition that the applicant shall not claim any interest for the period of delay.

(2) 938 CA-5640.2020.odt 4.

The application is accordingly disposed of.

5.

The appeal be placed for admission after removal of offce objections, if any.

(SANDIPKUMAR C. MORE, J.) vd_dhirde