Shrikrishna S/O Rangnath Karale. v. The Executive Engineer, Minor Irrigation Division Jalna And Others.

2026:BHC-AUG:11837

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 79 CIVIL APPLICATION NO. 12243 OF 2025 IN FAST/30647/2025 WITH CIVIL APPLICATION NO. 12244 OF 2025 IN FAST/30659/2025 SOW. KAMAL WD/O DATTU PALVE.

THE EXECUTIVE ENGINEER, MEDIUM PROJECT L.S. DIVISION (LOCAL SECTOR), JALNA AND OTHERS.

80 CIVIL APPLICATION NO. 12253 OF 2025 IN FAST/30234/2025 SHANKAR S/O NATHA DOLE THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION (LOCAL SECTOR) JALNA DIST JALNA AND AND OTHERS.

AGP for Respondent nos. 2 & 3 : Mr. N.D. Raje 81 CIVIL APPLICATION NO. 12255 OF 2025 IN FAST/30826/2025 INDALSING S/O HARISING JARWAL.

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISIN JALNA AND OTHERS 82 CIVIL APPLICATION NO. 12259 OF 2025 IN FAST/30862/2025 TRIMBAK VISHWANATH KHARAT AND OTHERS.

OTHERS 1/7

AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 83 CIVIL APPLICATION NO. 12260 OF 2025 IN FAST/32022/2025 RAMESHWAR S/O MAGANSINGH GUSINGE.

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALNA AND AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 84 CIVIL APPLICATION NO. 12261 OF 2025 IN FAST/30818/2025 MAGANSING DHONDIRAM GUSINGE (DIED THROUGH LRS) BADRISING AND OTHERS.

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEIVISION JALNA AND AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 85 CIVIL APPLICATION NO. 12262 OF 2025 IN FAST/30852/2025 PRABHAKAR KASHINATH JADHAV AND ANOTHER.

86 CIVIL APPLICATION NO. 12263 OF 2025 IN FAST/30808/2025 ABDUL WAHED ABDUL GANI.

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION JALNA DIST JALNA AND OTHERS.

2/7

AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 87 CIVIL APPLICATION NO. 12264 OF 2025 IN FAST/30850/2025 NARAYAN RAMBHAU MORDHADE.

OTHERS 88 CIVIL APPLICATION NO. 12265 OF 2025 IN FAST/30759/2025 BHANUDAS S/O KANHU JOSHI AND ANOTHER.

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION (LOCAL SECTOR) JALNA AND OTHERS.

AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 89 CIVIL APPLICATION NO. 12266 OF 2025 IN FAST/30845/2025 SHANTABAI ASHRUBA PALVE.

90 CIVIL APPLICATION NO. 12267 OF 2025 IN FAST/30836/2025 SHRIKRISHNA S/O RANGNATH KARALE.

AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 3/7

91 CIVIL APPLICATION NO. 12268 OF 2025 IN FAST/30831/2025 BANSI S/O KERUBA RAGADE AND OTHERS THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION (LOCAL SECTOR) JALNA AND OTHERS.

92 CIVIL APPLICATION NO. 12269 OF 2025 IN FAST/30859/2025 SUKHDEO NAMDEO THOMBRE AND OTHERS.

AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 93 CIVIL APPLICATION NO. 12270 OF 2025 IN FAST/30839/2025 KASHINATH KADUBA KHARAT.

94 CIVIL APPLICATION NO. 12271 OF 2025 IN FAST/30855/2025 PRABHAKAR KASHINATH JADHAV AND ANOTHER.

AGP for Respondent nos. 2 & 3 : Mr. N. D. Raje 96 CIVIL APPLICATION NO. 12325 OF 2025 4/7

IN FAST/32589/2025 HIMMAT BHAURAO MADAN (DIED THROUGH LRS.) ASHOK AND ANR. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALNA AND AGP for Respondent nos. 2 & 3 : Mr. N.D. Raje

CORAM

: SHAILESH P. BRAHME, J.

DATE : 16.03.2026 PER COURT :

CIVIL APPLICATIONS FOR CONDONATION OF DELAY None appears for the contesting respondent, though served. Learned A.G.P. appears for respondent nos. 2 and 3.

2.

The applicants seek to condone delay ranging from 14 to 5246 days in preferring the appeals. Following are the material particulars : Sr.

No.

Civil Application No. & FAST No.

No. of days delay 1) CA No. 12243/2025 in FAST No. 30647/2025 2) CA No. 12244/2025 in FAST No. 30659/2025 3) CA No. 12253/2025 in FAST No. 30234/2025 4) CA No. 12255/2025 in FAST No. 30826/2025 5) CA No. 12259/2025 in FAST No. 30862/2025 6) CA No. 12260/2025 in FAST No. 32022/2025 7) CA No. 12261/2025 in FAST No. 30818/2025 8) CA No. 12262/2025 in FAST No. 30852/2025 9) CA No. 12263/2025 in FAST No. 30808/2025 10) CA No. 12264/2025 in FAST No. 30850/2025 11) CA No. 12265/2025 in FAST No. 30759/2025 12) CA No. 12266/2025 in FAST No. 30845/2025 13) CA No. 12267/2025 in FAST No. 30836/2025 5/7

14) CA No. 12268/2025 in FAST No. 30831/2025 15) CA No. 12269/2025 in FAST No. 30859/2025 16) CA No. 12270/2025 in FAST No. 30839/2025 17) CA No. 12271/2025 in FAST No. 30855/2025 18) CA No. 12325/2025 in FAST No. 32589/2025 3.

The learned counsel for the applicants submits that for the reasons stated in the applications, it is desirable to condone the delay, as the applicants are ready to give up interest and statutory benefits for the delayed period. It is further submitted that in appeal at Sr. No. 05 the delay is merely of 14 days and in the matter at Sr. No. 15 the delay is of 100 days for which the interest and statutory benefits be not forfeited. 4.

The applications are contested by the respondents. 5.

I find that the Acquiring Body has not caused appearance and contested the applications. The averments of the applications are not been traversed. I find no reason to infer any mala fides on the part of the applicants. The applicants are ready to give up interest and statutory benefits for the delayed period.

6.

The delay stands condoned on condition that the applicants shall not be entitled to interest and statutory benefits for the delayed period. It is clarified that in the matter at Sr. No. 05 (Civil Application No. 12259/2025) and in the matter at Sr. No. 15 (Civil Application No. 12269/2025) there shall be no forfeiture of interest and statutory benefits for the delayed period, as the delay is very small.

7.

Civil Applications are disposed of.

FIRST APPEALS (STAMP):

8.

Issue notice to the respondents, returnable on 08.06.2026. Learned 6/7

A.G.P. waives service for respondent nos. 2 and 2/State. 9.

Call for record and proceedings.

10.

Print is dispensed with.

( SHAILESH P. BRAHME, J.) mkd/- 7/7