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Bombay High CourtCA/6546/2023admittedallowedgrantedrule absolute

Asruba Shripati Bhobale Died Thr Lrs Bibishan Ashruba Dhobale And ANR v. The State Of Maharashtra Through The Collector Beed And ANR

2023-09-06Hon'Ble Shri Justice Arun R. Pedneker2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 937 CIVIL APPLICATION NO.6546 OF 2023 IN FAST/10414/2023 ASRUBA SHRIPATI BHOBALE DIED THR LRS BIBISHAN ASHRUBADHOBALE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BEED AND ANR ...

Advocate for Applicants:

Mr. Jayabhar Dattatraya R.

AGP for Respondent/State: Mr. K. B. Jadhavar Advocate for Respondent No.2:

Mr. Jeevan R. Patil h/f. Mr. G .B. Rajale ...

CORAM :ARUN R. PEDNEKER, J.

DATE :06th SEPTEMBER, 2023 PER COURT:

1.

The present first appeal is filed along with application for condonation of delay of 5876 days. The learned counsel for the applicants / petitioners submits that the applicants / petitioners are poor agriculturists who work on daily wages in their village and they are illiterate. They have lost their land in the compulsory acquisition and that they have no other independent source of income. They have received the enhanced compensation.

2 ca 6546.2023 2.

The learned counsel for the applicants / petitioners further submits that in an identical fact situation arising out of the similar land acquisition proceedings this court has condoned similar days of delay, on the condition that the applicants would not be entitled for any interest for the delayed period.

3.

In view of the above submissions, the delay is condoned, subject to the condition that the applicants / petitioners would not be entitled for any interest for the delayed period. The civil application for condonation of delay is disposed of.

4.

The first appeal is admitted.

5.

Office objections, if any, to be removed within a period of four (04) weeks.

[ARUN R. PEDNEKER, J.] marathe