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Bombay High CourtCA/2573/2024admittedallowedgrantedrule absolute

Rajabhau Deo 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:15044 ( 1 ) ca2572.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 42 CIVIL APPLICATION NO. 2572 OF 2024 IN FAST/32172/2023 VASANT PRATAP RATHOD AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR. COLLECTOR PARBHANI AND ORS. WITH CIVIL APPLICATION NO. 2573 OF 2024 IN FAST/32174/2023 RAJABHAU DEO RATHOD AND ORS

VERSUS

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

Mr.D.B. Bhange, AGP for the respondent/State.

CORAM

: KISHORE C. SANT, J.

DATED : 18.07.2024 PC :- 01.

These applications are filed for condonation of delay of 2361 days caused in filing the appeals. It is stated in the applications 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 applications vehemently stating that there is no convincing reason stated in the applications.

( 2 ) ca2572.24 03.

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

ORDER

(i) The applications are allowed and delay is condoned subject to costs of Rs.2000/- (Rupees Two Thousand) each to be deposited in the office of High Court Legal Services SubCommittee, 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/ca2572.24