Baburao Govardhan Jadhav v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 43 CIVIL APPLICATION NO. 10437 OF 2024 IN FAST/20246/2024 Baburao Govardhan Jadhav

VERSUS

The State Of Maharashtra Thr The Collector, Osmanabad And Ors. WITH CIVIL APPLICATION NO. 10444 OF 2024 IN FAST/20349/2024 WITH CIVIL APPLICATION NO. 10443 OF 2024 IN FAST/20352/2024 WITH CIVIL APPLICATION NO. 10442 OF 2024 IN FAST/20358/2024 WITH CIVIL APPLICATION NO. 10438 OF 2024 IN FAST/20362/2024 WITH CIVIL APPLICATION NO. 10441 OF 2024 IN FAST/20355/2024 ...

Mr. B. K. Pawar h/f Mr. Ajeet B. Kale, Advocate for Applicant. Mr. R. B. Dhaware, AGP for Respondent-State.

CORAM : KISHORE C. SANT, J.

DATE : 29th SEPTEMBER 2025.

PC :-

( 2 ) 1.

Heard the learned Advocates for the parties.

2.

All these civil applications are filed seeking condonation of delay of 3694 days caused in filing the first appeal challenging the common judgment and order.

3.

Mr. Kale, the learned Advocate for the applicants relies upon the judgment and order in the case of Suresh Kumar Vs. State of Haryana and Ors.1 in this case, the Hon'ble Apex Court by relying upon the judgment in the case of Dhiraj Singh (Dead) Through L.Rs. and Others v. State of Haryana and Others2 and held that the appeal of the claimants be liberally seen as these are appeals by the persons who have lost their land and some cases are seeking new source. However, the only condition is that the claimants in such cases shall not be entitled to receive statutory benefits and interest for the delayed period. 4.

The learned AGP opposed the application. He submits that delay is more than 10 years. No sufficient reason is shown to condone the delay. 5.

For the reason stated in the applications, delay stands condoned. 2025 LJSoft (SC) 470 2014 (14) SCC 127

( 3 ) Applications are allowed. Office to register first appeals. 6.

With this, application stands disposed off.

FIRST APPEAL 7.

Heard.

8.

Admit.

9.

Call for record and proceedings.

10.

Learned AGP waives for respondent Nos. 1 and 2. 11.

Matter be taken alongwith First Appeal filed by the State Government/Acquiring Body challenging the same judgment and award if any.

[KISHORE C. SANT, J.]