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Bombay High CourtCA/14956/2023admittedallowedgrantedrule absolute

Mangilal Dhondiram Rathod And ORS v. The State Of Maharashtra Thr. Collector Parbhani And ORS.

2024-07-18Hon'Ble Shri Justice Kishore C. Sant2 pages

2024:BHC-AUG:15007 ( 1 ) ca14956.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 37 CIVIL APPLICATION NO. 14956 OF 2023 IN FAST/32169/2023 MANGILAL DHONDIRAM RATHOD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR PARBHANI AND ORS. Mr.D.M. Kakade, Advocate for the applicants.

Ms.M.L. Sangit, AGP for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATED : 18.07.2024 PC :- 01.

This application is filed for condonation of delay of 2335 days caused in filing the appeal. It is stated in the application that the applicants are poor farmers. They could not arrange for the amount of court fees. They received compensation very late and therefore there is delay in approaching this Court.

02.

The learned APP opposed the application vehemently stating that there is no convincing reason stated in the application. 03.

Considering that the applicants are agriculturists and their land is acquired, this Court is inclined to allow the application on certain conditions. Hence, following order :-

( 2 ) ca14956.23

ORDER

(i) The application is allowed and delay is condoned subject to costs of Rs.2000/- (Rupees Two Thousand) to be deposited in the office of High Court Legal Services Sub-Committee, Aurangabad, within eight weeks from today.

(ii) The applicants shall not be entitled to receive interest on the enhanced amount of compensation for the delayed period, in case the appeal is allowed.

[KISHORE C. SANT, J.] snk/2024/JUL24/ca14956.23