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Bombay High CourtCA/8957/2018disposed offdismissed for default

Padmakar Ratan Patil v. Special Land Acquisition Officer (2) U.T.P. (Hatnur) And ANR

2019-11-15Hon'Ble Shri Justice Mangesh S. Patil2 pages

( 1 ) 74 ca 8957.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 74 CIVIL APPLICATION NO.8957 OF 2018 IN FAST/17923/2018 PADMAKAR RATAN PATIL

VERSUS

SPECIAL LAND ACQUISITION OFFICER (2) U.T.P. (HATNUR) AND ANR ...

Advocate for Applicant : Mr. Naseem R. Shaikh AGP for Respondents/State : Mr. S.P. Deshmukh ...

CORAM : MANGESH S. PATIL, J.

DATE : 15.11.2019 P.C. :- Heard the learned advocate for the applicant. He submits that the delay has occasioned bona fide. The applicant is the original claimant who has lost his land and as is seeking to challenge the order of the Reference Court. His right to have just compensation would be defeated if he is not allowed to file appeal. There was sufficient cause and the delay be condoned. The learned A.G.P. for the respondent no.1 opposes the application. 2.

Obviously the applicant being the original claimant he would have no ulterior motive in allowing the appeal to be barred by time. At least there are no circumstances indicating mala fides on his part.

( 2 ) 74 ca 8957.18 3.

For the reasons mentioned in the application the delay is condoned. Civil Application is disposed of.

[MANGESH S. PATIL, J.] mub