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Bombay High CourtCA/11719/2022delay condonatedrejected

Venkatrao Hanmantrao Jadhav v. The State Of Maharashtra And ORS

2023-10-30Hon'Ble Shri Justice Arun R. Pedneker6 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 53 CIVIL APPLICATION NO.7585 OF 2022 IN FAST/26909/2021 MOHMAD USMANALI S/O FATHEULLAH 54 CIVIL APPLICATION NO.7743 OF 2022 IN FAST/11526/2021 KAMALBAI NARAYAN (DIED) THR LRS LAXMAN AGP for Respondents-State : Mr. N. T. Bhagat 55 CIVIL APPLICATION NO.7744 OF 2022 IN FAST/20373/2021 HANMANT PANDURANG (DIED) THR LRS VENKATRAO HANMANTRAOJADHAV

56 CIVIL APPLICATION NO.7746 OF 2022 IN FAST/20360/2021 HANMANT PANDURANG (DIED) THR LRS VENKATRAO HANMANTRAOJADHAV 57 CIVIL APPLICATION NO.7748 OF 2022 IN FAST/11156/2021 RAMRAO YADAV SURYAWANSHI 58 CIVIL APPLICATION NO.8015 OF 2022 IN FAST/30766/2021 NABISAB S/O OSMANSAB

59 CIVIL APPLICATION NO.8027 OF 2022 IN FAST/30761/2021 BABARAO MAROTIRAO 60 CIVIL APPLICATION NO.8084 OF 2022 IN FAST/11154/2021 ANNARAO NIVRATI SHELKE 61 CIVIL APPLICATION NO.8085 OF 2022 IN FAST/11521/2021 SHYAMRAO YADAVRAO SURYAWANSHI AGP for Respondents-State : Mr. N. T. Bhagat

63 CIVIL APPLICATION NO.11663 OF 2022 IN FAST/11334/2021 NAMDEO NIVRATI SHELKE 64 CIVIL APPLICATION NO.11719 OF 2022 IN FAST/20368/2021 VENKATRAO HANMANTRAO JADHAV 65 CIVIL APPLICATION NO.12788 OF 2022 IN FAST/11244/2022 PRAKASH RAMRAO SURYAWANSHI AND ANR THE STATE OF MAHARASHTRA THR THE COLLECTOR, NANDED AND ORS Advocate for Applicants : NMr. N. S. Shah h/f Mr.Natu Sharad V. Advocate for Respondent No.3 : Mr. M. C. Swami

66 CIVIL APPLICATION NO.14035 OF 2022 IN FAST/11342/2021 TEJU HARIBA (DIED) THR LRS SURESH AND ANR Advocate for Applicants : Mr. N. S. Shah h/f Mr.Natu Sharad V. Advocate for Respondent No.3 : Mr. M. C. Swami CORAM :

ARUN R. PEDNEKER, J.

DATE :

30/10/2023 PER COURT :

1.

Heard the learned Advocate appearing on behalf of the respective parties.

2.

In all delay condonation applications, the learned Advocate for the applicants submits that the delay in filing the appeals is caused as the applicants are poor agriculturists and their lands are acquired compulsorily for public project. He further submits that delay be condoned subject to the condition that the applicants would not claim interest for the delay period. The learned Advocate for the respondents has strongly opposes all the delay condonation applications.

3.

In view of the above, applications are allowed and the delay caused in filing first appeals is condoned subject to the condition

that the appellants shall not claim interest or statutory benefits for the delay period. In view of the above, all delay condonation applications stand disposed of.

4.

All appeals are admitted.

5.

After admission, the learned AGP waives service of notice on behalf of respondents-State. The learned Advocate Mr.V.P. Narwade and Mr. M. C. Swami waives service of notice on behalf of respondent No.3.

6.

The learned Advocate appearing on behalf of the appellants submits that all the appeals are covered by the Judgment of this Court in FA No.2036 of 2021 and other connected matters decided on 02/05/2022.

7.

In view of the same, list all the appeals for disposal, on 08/12/2023 ( ARUN R. PEDNEKER, J. ) vj gawade/-.