Babulal Paulad Vanjari And Others v. The State Of Maharashtra Through Collector And Others

13457.22ca etc (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.13457 OF 2022 IN WP/7338/2018 BABULAL PAULAD VANJARI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS AND CIVIL APPLICATION NO.13458 OF 2022 IN WP/7336/2018 ANANT SHANKARRAO KORKE, DIED, THR. LRS MOHINI KORKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS ....

Mr A. B. Kale, Advocate for applicants;

Mr D. B. Gaikwad, Advocate for respondent No.1 in WP/7338/2022 and for respondent No.3 in CA/13457/2022 Mr P. S. Patil , A.G.P. for respondents/State Mr M. R. Munde, Advocate h/f Mr D. S. Manorkar, Advocate for respondent No.2 CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 23rd September, 2022 PER COURT:

1.

Both these civil applications have been filed for condonation of delay of 1349 days and 189 days, respectively. The applicants claim to be the legal heirs of the deceased

13457.22ca etc (2) petitioners.

2.

The learned Advocates for the respondents do not oppose the applications.

3.

Insofar as the delay of 1349 days in Civil Application No.13457/2022 is concerned, the applicants have stated that, they were unaware of the pending legal proceedings after petitioner No.2 - Bansi Paulad Vanjari, passed away. The writ petition is still on the file of this Court and an order of abatement has not been passed.

4.

In view of these reasons, this application is allowed. The applicants be brought on record as the legal heirs of deceased Bansi Paulad Vanjari, on or before 07/10/2022. 5.

In the second Civil Application No.13458/2022, delay of 189 days, does not appear to be deliberate or inordinate. The said application is, therefore, allowed and the legal heirs of deceased petitioner Anant Shankarrao Korke, shall be brought on record, on or before 07/10/2022.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk