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Bombay High CourtCA/12957/2024admittedallowedgrantedrule absolute

Manik Bandu Rathod (Died) Thr. Lrs. Pranita Manik Rathod And ANR v. The State Of Maharashtra Through Collector Jalna And ORS

2025-07-25Hon'Ble Shri Justice Shailesh P. Brahme5 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 971 CIVIL APPLICATION NO. 2152 OF 2024 IN FAST/2046/2024 KAMALBAI NAMDEV RATHOD THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

972 CIVIL APPLICATION NO. 2163 OF 2024 IN FAST/2055/2024 GULAB KUNDLIKRAO MITHE THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

WITH CIVIL APPLICATION NO. 2164 OF 2024 IN FAST/2058/2024 973 CIVIL APPLICATION NO. 3930 OF 2024 IN FAST/2070/2024 SATYABHAMABAI BALASAHEB KATE THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

974 CIVIL APPLICATION NO. 3992 OF 2024 IN FAST/2062/2024 SANGITA ASHOK RAYTE THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

WITH CIVIL APPLICATION NO. 3993 OF 2024 IN FAST/2064/2024 WITH CIVIL APPLICATION NO. 3994 OF 2024 IN FAST/2067/2024 975 CIVIL APPLICATION NO. 4303 OF 2024 IN FAST/2073/2024 DEVRAO NAMDEV MITHE DIED THR LRS KAMALBAI DEVRAO MITHE AND ORS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

976 CIVIL APPLICATION NO. 4984 OF 2024 IN FAST/7437/2024 SHARAD SHIWAJIRAO WAYAL THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

977 CIVIL APPLICATION NO. 4986 OF 2024 IN FAST/7440/2024 SANJAY LACHIICHARAM RATHOD THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

978 CIVIL APPLICATION NO. 5257 OF 2024 IN FAST/7431/2024 MOHAN BANDU RATHOD THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

980 CIVIL APPLICATION NO. 6120 OF 2024 IN FAST/7522/2024 RAJEBHAU DADARAO VARKAD THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

981 CIVIL APPLICATION NO. 6121 OF 2024 IN FAST/7516/2024 ASARAM TUKARAM VAYAL THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.

982 CIVIL APPLICATION NO. 12957 OF 2024 IN FAST/25329/2024 MANIK BANDU RATHOD (DIED) THR. LRS. PRANITA MANIK RATHOD AND ANR THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS 983 CIVIL APPLICATION NO. 13225 OF 2024 IN FAST/25335/2024 PARMESHWAR BAPURAO WARKAD THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS ...

Advocate for Applicants : Mr. S. M. Kakde.

AGPs for Respondent/s-State : Mr. D. B. Bhange, Mr. B. A. Shinde, respectively.

Advocates for Respondent No.3 : Mr. Usmanpurkar A. S., Mr. Mahajan Milind S., respectively.

...

CORAM : SHAILESH P. BRAHME, J.

DATE : 25.07.2025 PER COURT :- 1.

Heard the respective parties.

2.

Applicants are seeking condonation of delay, for the reasons stated in the applications.

3.

Learned respective counsels for acquiring body and learned AGPs for respondents/State would vehemently oppose the applications. My attention is adverted to the order passed by the Co-ordinate Bench dated 02.05.2025 condoning the

delay. Present appeals also arising out of same acquisition proceeding. I propose to follow the same course. Applicants shall not be entitled to interest and statutory benefits for the delay. Therefore, I pass following order :

O R D E R

(i) Civil applications for delay are allowed.

(ii) Delay caused in filing appeals are hereby condoned, subject to condition that applicants file undertaking to the Registrar (Judicial) of this Court stating that they shall not claim interest and statutory benefits for the delayed period on enhanced compensation, in case, their appeals are favourably considered. Such undertaking to be filed within a period of ten (10) weeks from today and shall be made part of the compilation.

In First Appeals 4.

Admit.

5.

Learned AGPs waive service of notice for the respondents/State Authorities. Learned counsels Mr. Usmanpurkar and Mr. Mahajan waive service of notice for Respondent No.3 in respective matters.

6.

Call for Record and Proceedings from the concerned Court.

(SHAILESH P. BRAHME, J.) ...

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