Vilas Jogising Pawar v. The State Of Maharashtra, Thr. Collector, Yavatmal And Others

2024:BHC-NAG:8664 1 19-CAF-1899-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 1899 OF 2024 IN FIRST APPEAL ST. NO.13432 OF 2024 VILAS JOGISINGH PAWAR Vrs.

THE STATE OF MAHARASHTRA AND OTHERS -------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order --------------------------------------------------------------------------------------------------------- Shri M. Dube, Advocate h/f Shri A. B. Nakshane, Advocate for applicant/appellant.

Shri P. P. Pendke, AGP for respondent Nos.1 and 2. Shri M.A.Kadu, Advocate for respondent No.3.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 05/08/2024.

1.

Issue notice to the respondents.

2.

Shri P. P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.

3.

Shri M. A. Kadu, learned advocate waives service of notice for respondent No.3.

4.

This is an application for condonation of delay of 2246 days caused for preferring appeal. 5.

Perused the application.

6.

Heard learned Advocates for both sides.

7.

Considering the peculiar set of facts as the applicant is not aware about the law and is illiterate, the application deserves to the allowed, in the interest of justice as prayed.

2 19-CAF-1899-24.odt 8.

Learned counsel for the respondents have strongly objected the application.

9.

For the reasons stated in the application, the application deserves to be allowed, in the interest of justice with condition that applicant is not entitled for the statutory benefits like interest, etc. for the delayed period in view of Judgment of Hon'ble Supreme Court in the case of New Okhla Industrial Development Authority v. Rameshwar @ Ramesh Chandra Sharma (Dead), through Legal Heir and another (2022 SCC Online SC 1599). 10.

The application is disposed of.

FIRST APPEAL ST. NO.13432 OF 2024 11.

Admit.

12.

Shri P. P. Pendke, learned AGP waives service of notice for respondent Nos.1 and 2.

13.

Shri M. A. Kadu, learned advocate waives service of notice for respondent No.3.

[SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 07/08/2024 18:51:11