← Library
Bombay High CourtCA/12360/2023delay condonatedrejected

Rajesing Khuman @ Daulat Girase v. The State Of Maharashtra Through The Collector, Dhule And ORS

2023-10-11Hon'Ble Shri Justice Arun R. Pedneker6 pages

1 948-950&965-976

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CIVIL APPLICATION NO.12034 OF 2023 FAST/26536/2023 NARAYAN GOVINDA WANI (PAKHALE) THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR DHULE AND ORS 949 CIVIL APPLICATION NO.12035 OF 2023 FAST/25896/2023 KALIDAS KRISHNA WANI 950 CIVIL APPLICATION NO.12036 OF 2023 FAST/25892/2023 KALIDAS KRISHNA WANI 965 CIVIL APPLICATION NO.12341 OF 2023 IN FAST/25643/2023 WITH CA/12342/2023 IN

2 948-950&965-976 FAST/25651/2023 WATSALA LAKADU WANI 966 CIVIL APPLICATION NO.12343 OF 2023 IN FAST/25655/2023 WITH CA/12344/2023 IN FAST/25664/2023 MAMTABAI DILIP GIRASE 967 CIVIL APPLICATION NO.12357 OF 2023 FAST/25703/2023 BHILESING MANGALSING GIRASE 968 CIVIL APPLICATION NO.12358 OF 2023 IN FAST/25681/2023 WITH CA/12359/2023 IN FAST/25684/2023 JAYSING SARDAR GIRASE

3 948-950&965-976 969 CIVIL APPLICATION NO.12360 OF 2023 FAST/25700/2023 RAJESING KHUMAN @ DAULAT GIRASE 970 CIVIL APPLICATION NO.12361 OF 2023 FAST/25705/2023 RANJIT NARAYAN GIRASE 971 CIVIL APPLICATION NO.12362 OF 2023 FAST/25767/2023 SUDAM NANABHAU GIRASE DIED THR LRS BHIBABAI SUDAM GIRASE THE STATE OF MAHARASHTRA THROUGH COLLECTOR DHULE AND ORS

4 948-950&965-976 972 CIVIL APPLICATION NO.12363 OF 2023 FAST/25765/2023 DILIP WAJESING @ BAJESING GIRASE THE STATE OF MAHARASHTRA THROUGH COLLECTOR DHULE AND ORS 973 CIVIL APPLICATION NO.12364 OF 2023 FAST/25708/2023 PRAVIN YADAV @ YADAVSING GIRASE (PARMAR) 974 CIVIL APPLICATION NO.12366 OF 2023 IN FAST/26532/2023 WITH CA/12365/2023 IN FAST/26530/2023 DAGADU RATAN JAGTAP (NHAVI) THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR DHULE AND ORS

5 948-950&965-976 975 CIVIL APPLICATION NO.12367 OF 2023 IN FAST/25669/2023 WITH CA/12368/2023 IN FAST/25672/2023 JETENDRA BHILESING GIRASE 976 CIVIL APPLICATION NO.12369 OF 2023 IN FAST/25675/2023 WITH CA/12370/2023 IN FAST/25678/2023 RAMBHABAI RAMSING GIRASE CORAM : ARUN R. PEDNEKER, J.

DATE : 11th OCTOBER, 2023 PER COURT:

1.

The present first appeals are filed by the claimants for enhancement of compensation. They have filed the applications for condonation of delay of 439, 440 and 449 days in respective matters. The learned counsel submits that the land of the applicants are compulsorily acquired and that due to their bad financial position they are

6 948-950&965-976 unable to file the appeal within limitation. The applicants are poor agriculturists. They are unable to make necessary arrangements for court fees and necessary legal expenses. Their substantial rights would be defeated if the delay is not condoned. The delay caused is bonafide and not intentional.

2.

In view of the same, the delay is condoned. The civil applications for condonation of delay are allowed and disposed of.

3.

Issue notice in the first appeals to the respondents, returnable on 20.12.2023. The learned AGP waives service of notice on behalf of respondent no.1.

[ARUN R. PEDNEKER, J.] marathe