Gajarabai Changdeo Sable v. The State Of Maharashtra And Others

2026:BHC-AUG:2832 913 ca.9944.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

913 CIVIL APPLICATION NO. 9944 OF 2025 IN RC/756/2015 GAJARABAI CHANGDEO SABLE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mrs. M. A. Kulkarni. AGP for Respondent / State : Mr. D. J. Patil. ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

21st January, 2026.

P.C.:

This is an application for setting aside the order dated 9th June, 2015, passed by learned Registrar (Judicial) of this Court by condoning delay of 3676 days caused in filing the application for restoration of the appeal.

Perused the application. Heard both the sides. The learned counsel for the applicant submits that the applicant is a poor farmer, whose land has been acquired. Therefore, in the interest of justice, she prays to allow the application. The learned AGP for respondent Nos.1 and 2 strongly opposes the application and submits that no steps were taken for years together to remove the office objections and, therefore, registration of the appeal was refused. He, therefore, prays to reject the application.

913 ca.9944.25.odt Now, the learned counsel for the applicant submits that all the office objections will be removed within one week from today. Considering the arguments of both the sides and the reasons stated in the application, particularly the applicant is poor agriculturist, the application deserves to be allowed, in the interest of justice, in view of the judgment of the Honourable Supreme Court in the case of New Okhla Industrial Development Authority Vs. Rameshwar @ Ramesh Chandra Sharma (Dead) Through Legal Heir & Anr., by judgment dated 17th November, 2022, passed in Civil Appeal Nos.8331 8345 of 2022.

Considering all these reasons, the application is allowed in terms of prayer clause (B). The applicant is directed to remove all the office objections within a period of one week from today. The appeal shall stand restored to its original position, subject to removal of all office objections within one week from today.

The learned counsel for the applicant/appellant is further directed to supply copies of appeal memo and other documents filed alongwith the appeal, to reconstruct the said file of appeal. It is made clear that in case the amount of compensation is enhanced, the claimant shall not be entitled for the amount of interest and other statutory benefits for the delayed period. [ SANJAY A. DESHMUKH, J. ] nga