Sharad Sheshrao Shende v. The State Of Maharashtra Through The Collector, Wardha And Others

27caf1552.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1552/2022 IN FIRST APPEAL STAMP NO. 3671/2022 Sharad Sheshrao Shende Vs The State Of Maharashtra Through The Collector, Wardha And Others Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr P.S. Kshirsagar, counsel for the applicant/appellant. Mr M.A. Kadu, AGP for the non-applicant Nos. 1 and 2. Mr T.M. Zaheer, counsel for the non-applicant No.3. CORAM : URMILA JOSHI-PHALKE, J.

DATED : 31/03/ 3.

1.

Heard.

2.

By this application, applicant is seeking condonation of delay of 163 days which his caused in preferring the appeal, on the ground that the applicant is the illiterate villager not aware about the legal provisions and also Covid pandemic situation. Therefore, he could not approach the Court in filing the appeal.

3.

In view of the reason mentioned in the application and considering the applicant has claimed the enhancement of the compensation amount under the provisions of beneficial legislation. Considering the same and to do the substantial justice, delay of 163 days in filing the appeal is condoned.

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27caf1552.2022.odt Civil application is disposed of.

First Appeal St. No. 3671/2022 First Appeal be registered.

2.

Admit.

3.

Mr M.A. Kadu, learned AGP waives service of notice on behalf of respondent Nos. 1 and 2.

4.

Mr T.M. Zaheer, learned counsel waives service of notice on behalf of respondent No.3.

5.

Call for record and proceedings.

6.

After receipt of record and proceedings, appellant to file private paper-book within a period of ten weeks. 7.

Appeal be placed before the Court after filing of private paper-book and its verification.

JUDGE Signed By:RAJESH K NANDURKAR rkn