Murlidhar Govind Jogdand v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2025:BHC-AUG:13529 5-CA-4828-24.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 4828 OF 2024 IN FAST/9063/2024 MURLIDHAR GOVIND JOGDAND

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS.

....

Mr. B. A. Dhengle, Advocate for the Applicant Mr. V. S. Badakh, AGP for Respondents-State ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 07.05.2025 PER COURT :- .

Heard learned Advocate appearing for the applicant. 2.

Applicant seeks to condone the delay of 2264 days caused in filing the appeal. Perused the application and reasons as stated therein. Applicant is litigating for getting just compensation of acquired land. The applicant could not file appeal in time because of financial difficulties and lack of knowledge as to the legal proceeding. The learned Advocate appearing for the applicant submits that the applicant is ready to suffer for interest and statutory benefits for the delayed period. 3.

In that view of the matter and considering the the law laid down by the Hon'ble Supreme Court in case of Suresh Kumar Vs. State of Haryana and others, 2025 INSC 550, sufficient cause

(( 2 )) 5-CA-4828-24 is made out to condone the delay subject to certain conditions. Hence, following order:

::ORDER::

a.

Civil application is allowed.

b.

Delay of 2264 days caused in filing appeal is hereby condoned, subject to condition that applicant files an undertaking to Registrar (Judicial) of this Court stating that he shall not claim interest and statutory benefits for the delayed period on enhanced compensation, in case, his appeal is favourably considered. Such an undertaking to be filed within a period of eight (08) weeks from today and shall be made part of the appeal memo.

c.

Civil application stands disposed of.

[ S. G. CHAPALGAONKAR, J. ] HRJadhav