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Bombay High CourtCA/11763/2023admittedallowedgrantedrule absolute

Bhimashankar Narayan Mustapure And ANR v. The State Of Maharashtra Through District Collector Naned And ORS

2024-07-29Hon'Ble Shri Justice Kishore C. Sant2 pages

38ca11763.23 delay

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 38 CIVIL APPLICATION NO. 11763 OF 2023 IN FAST/20808/2023 BHIMASHANKAR NARAYAN MUSTAPURE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR NANED AND ORS ...

Advocate for Applicant : Mr. V.H. Solanke h/f Mr. Anerao Panditrao S.

AGP for Respondents/State : Mrs. M.N.Ghanekar ...

CORAM : KISHORE C. SANT, J.

DATE : 29th JULY, 2024.

PER COURT :

1.

This application is for condonation of delay of 4210 days caused in filing the appeal.

2.

The appeal is by the original claimants who lost their land.

3.

Learned AGP for respondent Nos. 1 to 3 vehemently opposed the application stating that there is no sufficient reason assigned for condonation of delay.

4.

Considering that the appeal is by the Claimants who

38ca11763.23 delay have lost their lands, this Court is inclined to allow the application on certain conditions. Hence the following order :

ORDER

a) The Civil Application stands allowed subject to cost of Rs. 4,000/- (Rs. Four Thousands Only) to be deposited in the office of Legal Aid Services Authority, Sub Committee, High Court, Aurangabad.

b) The applicants would not be entitled to any interest for the delayed period if the appeal is allowed and the amount of compensation is enhanced.

c)The Civil Application stands disposed off.

d) The office to register the First Appeal.

( KISHORE C. SANT ) JUDGE mahajansb/