Shivaji Himmat Gaikwad v. The Ex. Engineer, Minor Irrigation Division, Jalna And ORS

2025:BHC-AUG:6307 932 CA 5796-2022 & 933

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 5796 OF 2022 IN FIRST APPEAL (ST) NO. 34569 OF 2019 SHIVAJI HIMMAT GAIKWAD

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALNA AND OTHERS ...

Mr. Vilas M. Humbe - Advocate for Applicant Mr. R.B. Dhaware - AGP for Respondent Nos.2 and 3, State ....

AND 933 CIVIL APPLICATION NO. 5797 OF 2022 IN FIRST APPEAL (ST) NO. 34575 OF 2019 UDHAV SAMPATRAO DANGAT

VERSUS

THE EXECUTIVE ENGINEER LOWER DUDHNA PROJECT DIVISION SELU AND OTHERS ...

Mr. Vilas M. Humbe - Advocate for Applicant Mr. D.B. Pawar - Advocate for Respondent No.1 Mr. Rajdeep D. Raut - AGP for Respondent Nos.2 and 3, State ....

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 05.03.2025 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants are seeking condonation of delay periods mentioned in these applications, which appear to be caused due to their poor financial condition.

1/2

932 CA 5796-2022 & 933 3.

Learned A.G.P. strongly opposed the applications on the ground that no reasonable cause is mentioned for condoning the delay periods. The learned Counsel for acquiring body in one of the matter also resisted the application.

4.

However, considering the statutory right of the applicants and for the reasons stated in the applications, both the applications are allowed and the delay periods mentioned in these applications stand condoned subject to condition that the applicants shall not claim any interest and statutory benefit for the aforesaid delay periods and also subject to cost of Rs.1,500/- each to be paid to the Registry of this Court for utilization of High Court Dispensary, Bench at Aurangabad, within three weeks.

5.

The appeals be placed for admission after removal of office objections, if any.

6.

The applications are accordingly disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja Kale 2/2