Mir Azam Ali Mir Hasam Ali And ANR v. The State Of Maharashtra, Thr. Sub- Divisional Officer, L .A. O. Vaijapur And ANR

2025:BHC-AUG:14612 1 124-CA.3372-25 (delay).odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 124 CIVIL APPLICATION NO. 3372 OF 2025 IN FAST/6503/2025 MIR AZAM ALI MIR HASAM ALI AND ANR

VERSUS

THE STATE OF MAHARASHTRA, THR. SUB- DIVISIONAL OFFICER, L .A. O. VAIJAPUR AND ANR ...

Advocate for Applicant : Mr. Rodge S. N.

AGP for Respondent/s-State : Mr. D. B. Bhange. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 09.06.2025 PER COURT :- 1.

Heard learned counsel Mr. Rodge for the applicants and learned AGP Mr. Bhange for respondent/State. None appears for respondent No.2.

2.

Applicant is seeking condonation of delay of 2279 days in preferring appeal by relying on the grounds stated in paragraph Nos.3 and 4.

3.

Learned counsel for the applicants submits that there are no malafides on the part of the applicants. They are poor agriculturists who are deprived of just compensation. He would also advert my attention to judgment and award dated 12.01.2022 passed in LAR No.39 of 2011 in which rate of

2 124-CA.3372-25 (delay).odt Rs.42,000/- per R. was granted. On the ground of parity, he prays for the same relief. It is submitted that he has every hope of success in the appeal.

4.

The contents of paragraph Nos.3 and 4 have not been disputed. There is no reason to doubt the submissions of the learned counsel for the applicants. It is necessary to entertain appeal on merits considering ground of parity. To balance the equity, I find it fit to forfeit interest and statutory benefits for the delayed period.

5.

Civil application is allowed in terms of prayer clause "B" on condition that applicants shall not be entitled to interest and the statutory benefits for the delayed period. 6.

Office shall register first appeal.

(SHAILESH P. BRAHME, J.) ...

vmk/-