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Bombay High CourtCA/2613/2022disposed off

Uttam Tatyarao Tayde v. The State Of Maharashtra And ANR

2023-04-20Hon'Ble Shri Justice Sandipkumar C. More7 pages

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 920 CIVIL APPLICATION NO.1696 OF 2022 IN FAST/27577/2019 WITH CA/1695/2022 IN FAST/28234/2019 DWARKABAI RAMDAS TAYDE 921 CIVIL APPLICATION NO.2278 OF 2022 IN FAST/29252/2019 SHAMRAO GOWARDHAN BHUSARE 922 CIVIL APPLICATION NO.2279 OF 2022 IN FAST/29757/2019 RUSTUM TATYARAO TAYDE 923 CIVIL APPLICATION NO.2280 OF 2022 IN FAST/29772/2019 RAIBHAN BABURAO TAYDE 924 CIVIL APPLICATION NO.2281 OF 2022 IN FAST/29741/2019 GORAKHNATH PANCHIRAM AHIRE

(2) 925 CIVIL APPLICATION NO.2283 OF 2022 IN FAST/29381/2019 YEDU CHANDRABHAN TAYDE 926 CIVIL APPLICATION NO.2284 OF 2022 IN FAST/29374/2019 SAINATH TATYARAO TAYDE 927 CIVIL APPLICATION NO.2515 OF 2022 IN FAST/29886/2019 WITH CA/2516/2022 IN FAST/29883/2019 PARASRAM BABURAO KARHALE 928 CIVIL APPLICATION NO.2536 OF 2022 IN FAST/29188/2019 WITH CA/2538/2022 IN FAST/29190/2019 DEVIDAS RAIBHAN TAYDE AND ORS 929 CIVIL APPLICATION NO.2597 OF 2022 IN FAST/28849/2019 JAGANNATH BAJIRAO TAYDE AND ANOTHER

(3) 930 CIVIL APPLICATION NO.2613 OF 2022 IN FAST/28875/2019 UTTAM TATYARAO TAYDE 931 CIVIL APPLICATION NO.2614 OF 2022 IN FAST/28853/2019 KACHRU BABURAO TAYDE AND ANOTHER 932 CIVIL APPLICATION NO.2822 OF 2022 IN FAST/32371/2019 EKNATH CHANDRABHAN TAYDE 933 CIVIL APPLICATION NO.2990 OF 2022 IN FAST/30954/2019 ASARAM DHONDIRAM CHINDHE (DIED) THR LRS BHAUSAHEB ASARAM CHINDHE 934 CIVIL APPLICATION NO.2993 OF 2022 IN FAST/30606/2019 KACHRU BHIKA TAYDE AND ANOTHER

(4) 935 CIVIL APPLICATION NO.3117 OF 2022 IN FAST/31898/2019 KARBHARI DASHRATH CHINDHE 936 CIVIL APPLICATION NO.3465 OF 2022 IN FAST/33802/2019 BHAGINATH ASARAM TAYDE 937 CIVIL APPLICATION NO.3824 OF 2022 IN FAST/32465/2019 UTTAM KISAN WANJARE 938 CIVIL APPLICATION NO.5839 OF 2022 IN FAST/33516/2019 KERU GOVINDA WANJARE 939 CIVIL APPLICATION NO.6089 OF 2022 IN FAST/33744/2019 DASHRATH DHONDIRAM CHINDHE

(5) 940 CIVIL APPLICATION NO.6482 OF 2022 IN FAST/32391/2019 SITARAM RAMA WANJARE 941 CIVIL APPLICATION NO.6486 OF 2022 IN FAST/27629/2019 WITH CA/6487/2022 IN FAST/27625/2019 WITH CA/6489/2022 IN FAST/27633/2019 DASHRATH GOPINATH JADHAV 942 CIVIL APPLICATION NO.7522 OF 2022 IN FAST/26568/2020 PANDURANG DASHRATH TAYDE AND OTHERS 943 CIVIL APPLICATION NO.10563 OF 2022 IN FAST/18550/2020 SUKHDEV BHIMRAO TAYDE (DIED) THROUGH LRS.

SULOCHANA SUKHDEO TAYDE AND OTHERS THE STATE OF MAHARASHTRA THROUGH SPECIAL LAND ACQUISITION OFFICER JAYAKWADI PROJECT, AURANGABAD AND ANOTHER ...

Mr. Abhishek Hajare, Advocate for the applicants. Mr. B.V. Virdhe, Mr. S.S. Dande, Mr. S.N. Kendre and Mr. S.W. Mundhe, AGPs for respondent State in respective applications. Mrs. R.D. Reddy, Advocate for respondent No.2 in CA No. 6486 of 2022 with other two civil applications.

(6) Mr. B.R. Surwase, Advocate for Acquiring Body in Sr. Nos.920 to 940 and 942, 943.

...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th April 2023.

ORDER:- 1.

Learned Counsel Mr. B.R. Surwase waives notice for respondent No.2 Acquiring Body in all these applications except CA Nos. 6498 of 2022, 6487 of 2022 and 6489 of 2022. 2.

Heard rival submissions.

3.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition. 4.

The learned AGP as well as learned Counsel for the Acquiring Body strongly opposed the applications on the ground that no reasonable cause is mentioned for condoning the delay periods and there is also circulation delay. 5.

However, considering the statutory right of the applicants and for the reasons stated in the applications, the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that

(7) the applicants shall not claim any interest for the periods of aforesaid delay and also for delay in circulating the matters belatedly.

6.

The appeals be placed for admission after removal of office objections, if any.

7.

The applications are accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde