Vikram Hanumantrao Uphad v. The State Of Maharashtra Through The Collector Jalna And ORS

1 940-949&951

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 940 CIVIL APPLICATION NO.7328 OF 2023 FAST/16593/2023 SHAIKH AMIN SHAIKH HUSSAIN THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS AGP for Respondent/State: Ms. R. P. Gour 941 CIVIL APPLICATION NO.7530 OF 2023 FAST/16455/2023 KANTABAI SHIVDAS RATHOD DIED THR LRS SHIVDAS RAMDAS RATHOD AND ORS 942 CIVIL APPLICATION NO.7531 OF 2023 FAST/16444/2023 RAMESHWAR BALAHAU GOLDE DIED THR LRS KANTA RAMESHWAR GOLDE AND ANR AGP for Respondent/State: Mr. K. B. Jadhavar

2 940-949&951 Mr. Mahesh C. Swami h/f. Mr. Sudhir Bhalerao 943 CIVIL APPLICATION NO.7532 OF 2023 FAST/16605/2023 BABASAHEB SAHEBRAO SHELKE AGP for Respondent/State: Mr. K. N. Lokhande Mr. Mahesh C. Swami h/f. Mr. Sudhir Bhalerao 944 CIVIL APPLICATION NO.7533 OF 2023 FAST/16599/2023 DEOKAR VITHOBA BHALERAO AGP for Respondent/State: Mr. N. T. Bhagat Mr. Mahesh C. Swami h/f. Mr. Sudhir Bhalerao 945 CIVIL APPLICATION NO.7534 OF 2023 FAST/16597/2023 SINDHUBAI RADHAKISAN PIMPARKAR DIED THR LRS VINOD RADHAKISAN PIMPARKAR

3 940-949&951 AGP for Respondent/State: Ms. R. P. Gour 946 CIVIL APPLICATION NO.7535 OF 2023 FAST/16775/2023 VIKRAM HANUMANTRAO UPHAD 947 CIVIL APPLICATION NO.7536 OF 2023 FAST/16595/2023 RAMKISAN KONDIBA BHAVAR AGP for Respondent/State: Mr. K. B. Jadhavar 948 CIVIL APPLICATION NO.7538 OF 2023 FAST/16447/2023 EKNATH LIMBA PIMPARKAR DIED THR LRS KASTURABAI EKNATHPIMPARKAR AND ORS

4 940-949&951 AGP for Respondent/State: Mr. K. N. Lokhande 949 CIVIL APPLICATION NO.7539 OF 2023 FAST/16452/2023 ANJANABAI SATYABHAN VAIDYA AGP for Respondent/State: Mr. N. T. Bhagat 951 CIVIL APPLICATION NO.7666 OF 2023 FAST/16608/2023 SANJAY PREMRAJ MUTHA Mr. Mahesh C. Swami h/f. Mr. Sudhir Bhalerao CORAM :ARUN R. PEDNEKER, J.

DATE :06th SEPTEMBER, 2023

5 940-949&951 PER COURT:

1.

The present first appeals are filed along with delay condonation applications in filing the first appeals. The delay occurred in these matters is approximately 2000 to 4000 days.

2.

Mr. Durgesh M. Pingale, learned counsel for the applicants submits that there is similar explanation in all these matters that the agriculturists therein are poor, illiterate and that the lands have been compulsorily acquired and that they do not have an independent source of income and, thus, the delay is caused and the same is not intentional and it is bonafide.

3.

Mr. Durgesh M. Pingale , learned counsel for the applicants further submits that in the similar fact situation in the matters connected to the same land acquisition proceedings this court has condoned similar days of delay on the condition that the applicants / appellants will not claim interest for the delayed period. The learned counsel for the applicants / appellants

6 940-949&951 has placed on record order dated 28.04.2023 passed in Civil Application No.5015 of 2023 in First Appeal Stamp No.5523 of 2023 wherein similar orders are passed.

4.

The learned AGP, so also, the learned counsel appearing for the acquiring body have opposed the applications for condonation of delay. 5.

In view of the above, the applications for condonation of delay are allowed, subject to condition that the applicants / appellants would not be entitled for any interest for the delayed period.

6.

The appeals are Admitted. The learned counsel for the appellants to remove office objections within a period of four (04) weeks from today.

[ARUN R. PEDNEKER, J.] marathe