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Bombay High CourtCA/2859/2023delay condonatedrejected

Pandurang Kishan Shelke v. The State Of Maharashtra Through Collector, Jalna And Others

2023-08-30Hon'Ble Shri Justice Arun R. Pedneker3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.2857 OF 2023 IN FAST/32019/2022 SHAMLAL KANHIRAM KAVHALE DIED THR LRS PREMSING SHAMLAL KAVHALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND OTHERS ...

942 CIVIL APPLICATION NO.2858 OF 2023 IN FAST/31935/2022 SHANKAR VISHWANATH SHELKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS ...

943 CIVIL APPLICATION NO.2859 OF 2023 IN FAST/31941/2022 PANDURANG KISHAN SHELKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS ...

944 CIVIL APPLICATION NO.2860 OF 2023 IN FAST/32015/2022 NANDABAI PANDITRAO SHELKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND OTHERS ...

945 CIVIL APPLICATION NO.2861 OF 2023 IN FAST/31930/2022 ASHAMATI VISHWANATH SHELKE

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VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS ...

AND 960 CIVIL APPLICATION NO.5370 OF 2023 IN FAST/31041/2022 SHIVAJI MANJEET VAIDYA

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS Advocate for Applicants : Mr. P. A. Bharat h/f. Mr. Durgesh M.Pingale AGP for Respondents - State : Mr. B.

V.

Virdhe, Mr. K. B. Jadhavar, Mr. K. N. Lokhande, Mr. N. T. Bhagat respectively Advocate for Respondent No. 3 : Mr. S. G. Bhalerao ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 30.08.2023 PER COURT :

1.

Heard the learned counsel for the parties.

2.

The learned counsel for the applicants submits that the respective delay is caused on account of compulsorily acquiring land by the Government and that is their only source of income. The amount awarded by the Reference Court is meager and that they would suffer an irreparable loss.

3.

Learned AGP for respondents-State and learned counsel for respondent No. 3 oppose the applications.

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4.

Considering the statutory right of the applicants and for the reasons stated in the applications, the applications stand allowed and the delay periods mentioned in these applications stand condoned, subject to the condition that the applicants would not be entitled for the interest of delayed period.

5. Appealsbe registered after removal of office objections, if any. 6.

The Civil Applications are disposed off accordingly. ( ARUN R. PEDNEKER ) JUDGE .....

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