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Bombay High CourtCA/13307/2024admittedallowedgrantedrule absolute

Yadav Kerba Ingole v. The State Of Maharashtra Through The Collector Nanded And ORS.

2025-04-04Hon'Ble Shri Justice S. G. Chapalgaonkar3 pages

2025:BHC-AUG:10303

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 11619 OF 2024 IN FAST/22254/2024 Atmaram S/o Kerba Ingole (died) Thr. Lrs. Shivaji S/o Atmaram Ingole

VERSUS

The State Of Maharashtra,through The Collector, Nanded And Ors ...

& 915 CIVIL APPLICATION NO. 11688 OF 2024 IN FAST/22388/2024 Madhavrao Kerba Died Thr Lrs Sudhakar Madhavrao

VERSUS

The State Of Maharashtra Through The Collector Nanded And Ors ...

and 917 CIVIL APPLICATION NO. 13266 OF 2024 IN FAST/22514/2024 Samrat Kerba Ingole Died Thr Lrs Maroti Samrat Ingole And Anr

VERSUS

The State Of Maharashtra Through The Collector Nanded And Ors. ...

and 919 CIVIL APPLICATION NO. 13307 OF 2024 IN FAST/22516/2024 Yadav Kerba Ingole

VERSUS

The State Of Maharashtra Through The Collector Nanded And Ors. ...

and 920 CIVIL APPLICATION NO. 14064 OF 2024 IN FAST/29897/2024 Manik Shivram Ingole Died Thr Lrs Gangadhar Manikrav Ingole And Ors

VERSUS

The State Of Maharashtra Through Collector, Nanded And Ors ...

Advocate for Applicant : Mr. S. M. Kakde And D. M. Kakade AGP for Respondents: Mr. V.S. Badakh / Mr. D.B Bhange.

CORAM : S. G. CHAPALGAONKAR, J.

Dated : April 04, 2025 PER COURT :- 1.

Heard learned counsel appearing for the applicant/s and learned AG for respondents/State. Respondent no.3 though served, none appears.

2.

The applicant/s seeks to condone the delay caused in filing the appeal/s against the award passed by the Reference Court.

3.

Learned counsel appearing for the applicants invites attention of this Court to the order dated 20.09.2023 passed in Civil Application No.6274 of 2023 in Fast no.3293/2023 alongwith companion matters. He submits that present matter also pertains to the same acquisition. This Court had condoned similar delay vide order dated 20.9.2023 in all those companion matters, which are arising out of same acquisition. 4.

In that view of the matter, considering the reasons as stated in the order dated 20.09.2023 coupled with reasons as stated in the applications, the applications deserve to be allowed. Hence, order.

O R D E R

i.

Civil Applications are allowed.

ii.

Delay caused in filing the appeal/s is condoned subject to condition that the applicant/s files an undertaking to the satisfaction of the Registrar (Judicial) of this Court that, in case, their appeal is

allowed and compensation is enhanced, they shall not claim interest and statutory benefit for the delayed period.

iii.

Undertaking to be filed within a period of Six (6) weeks and shall be made part of the appeal/s. iv.

Civil Applications are disposed of.

v.

Appeals be registered. On registration of the appeals, Admit.

vi.

Print and paper book dispensed with.

vii.

To be listed alongwith First Appeal Nos.3987 of 2023, 3984 of 2023, 999 of 2023, 3980 of 2023 and FA No.3698 of 2023.

( S. G. CHAPALGAONKAR, J. ) ...

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