Govind Namdeo Jadhav And ANR v. The State Of Maharashtra Through The Collector Latur And ORS

7354.23CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.7354 OF 2023 IN FAST/12665/2023 WITH CIVIL APPLICATION NO.7356 OF 2023 IN FAST/13127/2023 GOVIND VASUDEO JADHAV & ANOTHER

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the applicants : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat ...

CORAM :ARUN R. PEDNEKER, J.

DATE :05.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION NOS.

7354/2023 AND 7356/2023 FOR CONDONATION OF DELAY :

1] The present Civil Applications are filed to condone the delay of 2882 days in filing the First Appeals. 2] Though the acquiring body is served, none appears for the acquiring body.

3] The learned counsel for the applicants submits that the applicants are the poor agriculturists and they had no knowledge about the legal proceedings. The financial

7354.23CA condition of the applicants are not sound. Due to the aforesaid facts, there is delay in filing the First Appeal. The delay caused in filing the First Appeals is not intentional and deliberate act of the applicants. He submits that the applicants would not claim any interest or monetary benefits for the delay period. He, therefore, submits that considering the aforesaid facts, the present Civil Applications may be allowed.

4] For the reasons stated in the Civil Application, the same are allowed. Delay of 2882 days in filing the First Appeals is condoned subject to condition that the applicants would not claim interest and monetary benefits for the delay period. Appeals be registered. Civil Applications are disposed of accordingly.

B] ORDER IN FIRST APPEALS :

1] First Appeals are admitted. On admission, the learned AGP waives notice for the respondent nos.1 and 3. 2] The appellants to remove all office objections, if any, within three weeks.

[ARUN R. PEDNEKER] JUDGE DDC