Hansraj S/O Baliram Talware v. The State Of Maharashtra, Thr. The Collector, Yavatmal And Others

2024:BHC-NAG:12155 1 25-CAF-2581-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAF) NO. 2581 OF 2024 IN FIRST APPEAL ST. NO. 17574 OF 2024 HANSRAJ S/O BALIRAM TALWARE Vrs.

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 A. B. Nakshane, Advocate for applicant/appellant. Ms.Mukta Kavimandan, AGP for respondent Nos.1 and 2. Shri Vedant Arhade, Advocate h/f Shri Amit Kukday, Advocate for respondent No.3.

CORAM: SANJAY A. DESHMUKH, J.

DATE : 24/10/2024.

1.

This is an application for condonation of delay of 828 days caused for filing first appeal. 2.

Perused the application.

3.

Heard learned Advocates for both sides.

4.

In view of Judgment of Imrat Lal and others / Land Acquisition Collector and others, reported in 2014

(14) SCC 133, the applicant being poor farmer and fact that, delay is not deliberately caused, the application deserves to be allowed, in the interest of justice. 5.

The application is allowed and disposed of.

6.

It is clarified that the applicant is not entitled for interest for the delayed period.

FIRST APPEAL ST. NO. 17574 OF 2024 7.

Issue notice to the respondents.

2 25-CAF-2581-24.odt 8.

Ms.Mukta Kavimandan, learned AGP waives service of notice for respondent Nos.1 and 2. 9.

Shri Vedant Arhade, Advocate h/f Shri Amit Kukday, learned advocate waives service of notice for respondent No.3.

10.

Filing of paper book is dispensed with.

11.

At the request of learned advocate for the appellant, stand over to 12/11/2024 for final argument. [SANJAY A. DESHMUKH, J.] Choulwar Signed by: V.M. Choulwar (VMC) Designation: PS To Honourable Judge Date: 25/10/2024 17:14:46