Sambhaji Tulshiram Surnar v. The State Of Mah Thr. Collector, Nanded And ORS

5-CA-1816-2013 & 6

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 5 CIVIL APPLICATION NO. 1816 OF 2013 IN FIRST APPEAL (ST) NO. 14580 OF 2011 SAMBHAJI TULSHIRAM SURNAR

VERSUS

THE STATE OF MAH THR. COLLECTOR, NANDED AND OTHERS AND 6 CIVIL APPLICATION NO. 1818 OF 2013 IN FIRST APPEAL (ST) NO. 14514 OF 2011 SUBHASH PANDURANG WAHGMARE

VERSUS

THE STATE OF MAHRASHTRA AND OTHERS ...

Ms. L.R. Thakur h/f. Mr. K.M. Nagarkar - Advocate for Applicants Mr. S.N. Kendre, Mr. A.B. Chate - AGP's for Respondent Nos.1 and 2, State Mr. R.C. Patil - Advocate for Respondent No.3 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 27th March, 2023 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. 1/2

5-CA-1816-2013 & 6 3.

The learned counsel for the acquiring body as well as learned A.G.P. strongly opposed the applications on the ground that, no reasonable cause is mentioned for condoning the delay periods and there is also circulation delay since, the applicants did not take any efforts to circulate the matter after year 2013.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that, the applicants shall not claim any interest for the period of aforesaid delay and also for delay in circulating the matters belatedly i.e. from 2013 up till now.

5.

The appeals be placed for admission after removal of office objections, if any.

6.

The Civil Applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K.

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