The State Of Maharashtra Through The Collector Latur And Others v. Vijaykumar Babarao Patil And ORS

2025:BHC-AUG:25815 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 924 CIVIL APPLICATION NO. 10181 OF 2023 IN FAST/11776/2023 WITH CIVIL APPLICATION NO. 10182 OF 2023 IN FAST/11776/2023 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND OTHERS

VERSUS

VIJAYKUMAR BABARAO PATIL AND ORS ...

Mr. S. V. Hange, AGP for Applicant Mr. R. R. Deshmukh, Advocate for Respondents ...

CORAM

: AJIT B. KADETHANKAR, J.

DATE : 19th SEPTEMBER 2025 PER COURT :- 1.

The office remark is that respondent no.1 is unserved as he is dead. Mr. R. R. Deshmukh, learned counsel appearing for all the respondents submits that the deceased is already served by respondent nos.10 and 11 who are served in this matter. He further submits that there is no need to take any other step in that regard. 2.

In view of this, learned AGP is directed to carry out amendment in the title cause within two weeks from today.

( 2 ) CIVIL APPLICATION NO. 10181 OF 2023 CIVIL APPLICATION NO. 10182 OF 2023 1.

Mr. Deshmukh, learned counsel for the respondents and Mr. Hange, learned AGP for the applicants have submitted that this Court, vide its order dated 18.09.2025 in Civil Application No.12137 of 2023 with Civil Application No.12138 of 2023 in FAST/25971/2023 with connected matters which have arisen out of the same land acquisition proceedings and same lang acquisition award which are subject matter of present proceedings, has condoned the delay caused in filing the appeal and stayed execution and operation of the judgment and award impugned in the First Appeal, putting a rider on the applicants to deposit the entire payable award amount in this Court within a period of twelve weeks. Both parties submit that similar orders may be passed in the present Civil Applications.

2.

For the reasons recorded in the order dated 18.09.2025, Civil Application No.10181 of 2023 is allowed, the delay of 260 days caused in filing the present First Appeal is hereby condoned. 3.

In Civil Application No.10182 of 2023, execution and operation of the judgment and award impugned in the First Appeal stands stayed subject to deposit of the entire award amount together

( 3 ) with interest in this Court within a period of twelve weeks from today. 4.

Registry to register the First appeal, subject to removal of all office objections, if any, within two weeks from today, failing to which registration of the First Appeal shall stands canceled. [AJIT B. KADETHANKAR, J.] PRW