Chandraprakash Tukaram Chinchane And ANR v. The State Of Maharashtra Through The Collector, Collector Collect ORS Office Jalna And ORS
2025:BHC-AUG:14639 1 922 to 927-929.CA.3896-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 922 CIVIL APPLICATION NO. 3896 OF 2024 IN FAST/194/2024 CHANDRAPRAKASH NANABHAU SOMMARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
AND 923 CIVIL APPLICATION NO. 4126 OF 2024 IN FAST/6930/2024 SAYYAD ISMAIL SAYYAD NADAN
VERSUS
THE STATE OF MAHARASHTRA, THROUGH COLLECTOR , JALNA ...
924 CIVIL APPLICATION NO. 4195 OF 2024 IN FAST/3181/2024 CHANDRAPRAKASH TUKARAM CHINCHANE AND ANR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, COLLECTOR COLLECT ORS OFFICE JALNA AND ORS ...
925 CIVIL APPLICATION NO. 4806 OF 2024 IN FAST/6944/2024 SAYYAD ASHRAF SAYYAD CHANDUMIYA
VERSUS
THE STATE OF MAHARASHTRA, THROUGH COLLECTOR , JALNA ...
926 CIVIL APPLICATION NO. 5250 OF 2024 IN FAST/6941/2024 MUSSTAFA SAYYED CHANDU
VERSUS
THE STATE OF MAHARASHTRA, THROUGH COLLECTOR , JALNA ...
2 922 to 927-929.CA.3896-2025.doc 927 CIVIL APPLICATION NO. 5259 OF 2024 IN FAST/6946/2024 SAYYAD NADAN SAYYAD CHANDUMIYA
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
...
929 CIVIL APPLICATION NO. 14069 OF 2024 IN FAST/29903/2024 SAYYAD IBRAHIM SAYYAD NADAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND ORS ...
Advocate for Applicant in all matters : Mr. Kakde Shubham Madhavrao AGP for Respondents/State in CA-3896/2024, CA-4195/2024, CA-5250/2024 : Mr. B.A. Shinde AGP for Respondents/State in CA-4126/2024, CA-4806/2024, CA-5259/2024, CA-14069/2024 : Mr. D.B. Bhange ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 10th JUNE 2025 PER COURT :
1.
Applications for the condonation of delay can be dealt with by common order. Following chart is tendered by the Applicants to disclose relevant details :
Date of Filing FA Date of 1st order in Delay CA Sr. No.
Particulars CA No.
No of days delay Decision date of Reference Court.
Chandraprakash Vs State of Maharashtra and Ors.
CA/3896/2024 02/01/2024 18/03/2025 21/06/2019 Sayyad Ismail Vs State of Maharashtra and Ors.
CA/4126/2024 04/03/2024 18/03/2025 29/11/2019
3 922 to 927-929.CA.3896-2025.doc Chandraprakash Vs State of Maharashtra and Ors.
Ca/4195/2024 29/01/2024 18/03/2025 08/05/2018 Sayyad Ashraf Vs State of Maharashtra and Ors.
CA/4806/2024 04/03/2024 18/03/2025 10/12/2018 Mustafa Sayyed Vs State of Maharashtra and Ors.
CA/5250/2024 04/03/2024 18/03/2025 29/07/2018 Sayyad Nadan Vs State of Maharashtra and Ors.
CA/5259/2024 04/03/2024 18/03/2025 07/09/2018 Sayyad Ibrahim Vs State of Maharashtra and Ors.
CA/14069/2024 21/10/2024 18/03/2025 25/06/2019 2.
The length of delay in each matter is different. The applications for condonation of delay were taken up for the orders with sufficient promptitude which is evident from the first order passed in applications. No lapses can be inferred on part of the Applicants.
3.
Learned Counsel for the Applicants submits that the averments of Paragraph Nos. 2 to 9 would constitute explanation for condonation of delay. It is submitted that there are no malafides in preferring appeals belatedly. It is further submitted that the Applicants are ready to forgo interest and statutory benefits for the delayed period.
4.
Learned AGP would oppose the applications. It is contended that there is no cogent explanation and no case is made out for condonation of delay.
4 922 to 927-929.CA.3896-2025.doc 5.
I have gone through the reasons given in the applications for condonation of delay. Applicants are deprived of the agricultural lands and just and reasonable compensation for the same. There is no reason to infer any malafide on part of the Applicants. I am not pointed out any circumstances to discard the explanation for preferring appeals belatedly. I propose to adopt the pragmatic approach by condoning delay on certain conditions. 6.
Applicants are ready to forgo interest and statutory benefits for the delayed period. In that view of the matter, a case is made out to condone the delay.
7.
Civil Applications are allowed in terms of prayer clause 'A' on condition that Applicants shall not be entitled to interest as well statutory benefits for the delayed period.
8.
Office shall register the First Appeals.
SHAILESH P. BRAHME JUDGE NAJEEB..