Rajendra Ram Kadam v. The State Of Maharashtra And Others

2026:BHC-AUG:19729-DB *1*

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5014 OF 2026 IN WP/12304/2018 RAJENDRA RAM KADAM

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri Thorat Nanabhau R., Advocate for the Applicant. Dr. K.B. Patil Bharaswadkar, AGP for the Respondents/ State. ...

CORAM : KISHORE C. SANT & SUSHIL M. GHODESWAR, JJ.

DATE : 29 April 2026 P. C. :- 1.

Heard the learned advocate for the applicant. 2.

The application is filed seeking recall of the dismissal order passed by this Court dated 03.09.2021. This Court by way of the said order, had dismissed the petition for non removal of office objections.

3.

The learned advocate for the applicant submits that office objections were to be removed by 03.09.2021, however, due to covid period and due to nationwide lock-downs frequently imposed, necessary steps could not be taken to remove office

*2* objections. The learned advocate, therefore, submits that if now time is granted, he would remove office objections within two weeks from today.

4.

The learned AGP vehemently opposes the application. She submits that there is huge delay in filing this application. The period of delay is 1423 days that too excluding corona period.

5.

Considering that the writ petition is in respect of seeking compensation towards the land, which is allegedly taken in possession by the respondents without following due process of law, this Court finds that the application deserves to be allowed.

6.

The Civil Application is allowed subject to payment of costs of Rs.1500/- (Rupees One Thousand Five Hundred) to be paid by the applicant to the Day Care Centre run in this Court premises, within two weeks from today. On depositing the above amount, the writ petition be restored to its original stage. 7.

It is made clear that in case the writ petition is allowed, the applicant/ petitioner shall not be entitled to receive

*3* interest and other benefits from the date of dismissal of the petition till its restoration.

kps (SUSHIL M. GHODESWAR, J.) (KISHORE C. SANT, J.)