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Bombay High CourtCA/13028/2023admittedallowedgrantedrule absolute

Kasabai Dagadu Chandratre And ORS v. The State Of Maharashtra Thr S.L.A.O. Minor Irrigation Jalgaon And ORS

2023-12-04Hon'Ble Shri Justice Arun R. Pedneker3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 104 CIVIL APPLICATION NO.12992 OF 2023 IN CA/8430/2022 IN FAST/1598/2022 GOPAL JANGALU PANDHARE

VERSUS

THE STATE OF MAHARASHTRA THR S.L.A.O. MINOR IRRIGATION JALGAON AND ORS ...

Advocate for Applicants : Mr. Patil Vinod Prakash AGP for Respondent Nos. 1 and 2 : Mr. N.S. Tekale Advocate for Respondent No.3 : Mr. A.G. Vasmatkar AND 105 CIVIL APPLICATION NO.13015 OF 2023 IN CA/8415/2022 IN FAST/1495/2022 KAILAS NIVRUTTI BANKAR

VERSUS

THE STATE OF MAHARASHTRA THR S.L.A.O. MINOR IRRIGATION JALGAON AND ORS ...

Advocate for Applicants : Mr. Patil Vinod Prakash AGP for Respondent Nos. 1 and 2 : Mr. Ruchir S. Wani Advocate for Respondent No.3 : Mr. B.K. Patil AND 106 CIVIL APPLICATION NO.13026 OF 2023 IN CA/8414/2022 IN FAST/1589/2022 VASUDEV KADUBA DIKE

VERSUS

THE STATE OF MAHARASHTRA THR S.L.A.O. MINOR IRRIGATION JALGAON AND ORS ...

Advocate for Applicants : Mr. Patil Vinod Prakash AGP for Respondent Nos. 1 and 2 : Ms. M.L. Sangit Advocate for Respondent No.3 : Mr. B.K. Patil AND

107 CIVIL APPLICATION NO.13028 OF 2023 IN CA/8458/2022 IN FAST/1595/2022 KASABAI DAGADU CHANDRATRE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR S.L.A.O. MINOR IRRIGATION JALGAON AND ORS ...

Advocate for Applicants : Mr. Patil Vinod Prakash AGP for Respondent Nos. 1 and 2 : Mr. N.S. Tekale Advocate for Respondent No.3 : Mr. A.G. Vasmatkar AND 109 CIVIL APPLICATION NO.13041 OF 2023 IN FAST/1591/2022 VIJAYABAI @ PADMABAI UKHARDU PATIL

VERSUS

THE STATE OF MAHARASHTRA THR S.L.A.O. MINOR IRRIGATION JALGAON AND ORS ...

Advocate for Applicants : Mr. Patil Vinod Prakash AGP for Respondent Nos. 1 and 2 : Mr. Ruchir S. Wani Advocate for Respondent No.3 : Mr. A.G. Vasmatkar ...

CORAM :ARUN R. PEDNEKER, J.

DATE :04.12.2023 P.C. :

1] Heard the learned counsel for the parties.

2] The present applications are filed for restoration of the appeals with a prayer to condone the delay of 324 days in filing the restoration applications.

3] The appeals were dismissed vide order dated 20.10.2022 by this Court for non removal of the office objections.

4] The learned counsel for the applicants submits that the applicants are poor agriculturists and their lands are compulsorily acquired. Learned counsel further submits that the applicants would not claim interest and statutory benefit for the delayed period of filing the restoration applications.

5] The learned counsel appearing for the acquiring body - respondent no.3 has strongly opposed the applications for condonation of delay.

6] Heaving heard the learned counsel for the parties, I deem it appropriate to condone the delay of 324 days in filing the restoration applications, subject to condition that the applicant would not be entitled to interest and statutory benefit for the delayed period. 7] The appeals are restored and the order dated 20.10.2022 passed by this Court is recalled to the extent of present applicants.

8] Office objections, if any, to be removed within a period of eight (08) weeks from today.

9] The civil applications stand disposed of.

[ARUN R. PEDNEKER] JUDGE S.P.Rane