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Bombay High CourtCA/11413/2018dismissed

Bashirabai Mansoor Khan Pathan v. The State Of Maharashtra Through Collector, Parbhani And Another

2023-06-12Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Sanjay A. Deshmukh2 pages

ca11413.18 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO.11413 OF 2018 IN RAST/10658/2017 BASHIRABAI MANSOOR KHAN PATHAN

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, PARBHANI AND ANOTHER .....

Advocate for Applicant : Mr. S.K. Adkine AGP for Respondents: Mr. A.R. Kale .....

CORAM : R. G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 12th JUNE, 2023.

PER COURT :- 1.

This is an application for condonation of delay caused in preferring an application for review of the order rejecting the application for condonation of delay in preferring Letters Patent Appeal.

2.

From the aforesaid details itself, it is evident that the present application is not maintainable. The grievance of the applicant is that similar matters were decided in Lok Adalat, granting enhancement in compensation. Therefore, he preferred the First Appeal against the award passed in Land Acquisition Reference. There was delay in preferring the First Appeal itself. The delay condonation application was rejected, meaning thereby, the First Appeal itself was dismissed. The applicant ought to have preferred

ca11413.18 -2the appropriate proceedings against the order rejecting delay condonation application. Since the present application is not maintainable, the same stands dismissed.

(SANJAY A. DESHMUKH, J.) (R. G. AVACHAT, J.) rlj/