Sau. Meena Sanjay Choudhary, Through Registered Power Of Attorny Pawankumar Madhusudan Jajodia v. Collector, Amravati And Others

938cao856.205.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAO) NO. 856 OF 2025 IN MCA STAM P NO. 9191 OF 2025 IN FIRST APPEAL NO. 796 OF 2014 Sau Meena Sanjay Choudhary Vs The Collector, Amravati and others. Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr. Sumit B.Gandhe, counsel for applicant.

Mr. M.A. Kadu, AGP for respondent/State.

Mr. J.B. Kasat, counsel for respondent No.3.

CORAM

: PRAVIN S. PATIL, J.

DATE : 14/01/2026 1.

By this application, the applicant is seeking condonation of delay of 2814 days in filing the restoration application. 2.

The applicant has stated in his application that, due to health reasons, the applicant could not approach to the counsel since the year 2015. Such a reason cannot be accepted as sufficient in the facts and circumstances of the matter.

3.

However, considering the fact that the matter is arising out of the land acquisition, and as per the law laid down by the Hon'ble Supreme Court that in such cases, where the applicants are the poor agriculturist, the application can be allowed. It is clarified that the applicant will not be entitled for interest for the period of delay, in case the enhancement is granted to the applicant.

4.

In view of the settled position of law, the delay of 2814 days is hereby condoned, subject to the condition that, in case, this Court has rkn

938cao856.205.odt enhanced compensation, the applicant will not be entitled for the interest for the period of 2814 days.

Misc. Civil Application Stamp No. 9191 of 2025 1.

Heard.

2.

Perusal of the order dated 20/01/2025 shows that appeal was admitted and appellant was directed to file a private paper-book within a period of six months. However, appellant failed to file private paperbook within a given period and therefore, appeal was dismissed. 3.

Learned counsel for the appellant undertakes to this Court that he will file the private paper-book in the matter within a period of four weeks.

4.

The statement is accepted. Accordingly, the present application is allowed.

5.

The order dated 20/01/2015 is recalled.

(PRAVIN S. PATIL, J.) rkn