Premsing Pitambar Patil v. Special Land Acquisition Officer, Jalgaon (2) U.T.P.H., Jalgaon And ORS

2024:BHC-AUG:12325 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 15051 OF 2023 IN FAST/33362/2023 PREMSING PITAMBAR PATIL ....Applicant

VERSUS

SPECIAL LAND ACQUISITION OFFICER, JALGAON (2) U.T.P.H., JALGAON AND ORS .....Respondent Mr. More Kumar Gaurav M., Advocate for applicant Mr. G. O. Wattamwar, AGP for the respondents/State Mr. D. B. Rasve, Advocate h/f Mr. A. D. Pawar, Advocate for respondent No.2 CORAM :

KISHORE C. SANT, J.

DATE :

26th JUNE, 2024 P. C.

1.

Heard the learned advocates for the parties.

2.

This application is filed seeking condonation of delay of 5383 days caused in filing the appeal.

3.

It is the case of the applicant that he is poor agriculturist and does not have knowledge of law. He, thus,

(2) prays for condonation of delay.

4.

Learned advocate for the respondents points out that the applicant had in fact knowledge of the judgment and award dated 17-10-2008. He has even applied for certified copy on 2611-2013 and received same on 30-11-2013. He, thus, opposed the application vehemently stating that in spite of knowledge the appellant has failed to file appeal immediately. 5.

Considering the fact that the applicant is the person whose land is acquired, this court is inclined to allow the application with costs. Hence, the following order:-

ORDER

A] The application stands allowed subject to cost of Rs.5000/- to be deposited in the office Legal Services Authority, High Court of Judicature of Bombay, Bench at Aurangabad within a period of 12 weeks from today. Delay stands condoned.

(3) B] It is made clear that the applicant shall not be entitled to receive any interest on the enhanced amount for delayed period.

[KISHORE C. SANT, J.] VishalK/41ca15051.23