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Bombay High CourtCA/4443/2016admittedallowedgrantedrule absolute

Lahanupant Nanasaheb Chaval v. The State Of Maharashtra Thr The Collector, Jalna And ORS

2016-07-08Hon'Ble Shri Justice V.K. Jadhav2 pages

ca4443.16 -1-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 4443 OF 2016 IN FAST/38196/2015 LAHANUPANT NANASAHEB CHAVAL

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA ANDORS ...

Advocate for Applicant : Mr. Kakade Deepak M. AGP for Respondents-State: Mr. G.O. Wattamwar .....

CORAM : V. K. JADHAV, J.

DATED : 8th JULY, 2016 PER COURT:- 1.

Heard.

2.

Learned counsel for the applicant has placed on record a copy of order dated 17.6.2016 passed by this Court in civil application 4519 of 2016 and other connected matters. Learned counsel for the applicant submits that present civil application also arises out of same acquisition proceedings and the land of the present applicant was situated in the vicinity, where the lands of the applicants in civil application No. 4519 of 2016, were situated. Learned AGP for respondent-State fairly concede this position. 3.

In the light of above and for the reasons stated in the civil application, civil application is allowed. Delay condoned subject to

ca4443.16 -2filing undertaking by the claimants to the effect that they shall not be entitled for the statutory benefits in respect of the delayed period while filing appeal.

4.

Notice to the respondents in first appeal, returnable on 5.8.2016.

5.

Learned A.G.P. waives notice for respondent Nos. 1 and 2. Call for record and proceedings.

( V. K. JADHAV, J.) rlj/