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2025 DAILYLAW 18706 (BOM)

NIZAMUDDIN FAKIR PATEL AND ANR v. THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABAD AND ORS

CA/7366/2022 · 2025-03-24

Shri Neeraj P Dhote

body2025

Judgment text

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36-CA-7366-2022.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 36 CIVIL APPLICATION NO. 7366 OF 2022 IN FAST/15478/2020 Nizamuddin Fakir Patel And Anr ….Applicants VERSUS The State Of Maharashtra Thr The Collector, Osmanabad And Ors …..Respondents ….. Mr. Madhav Jadhav h/f Mr. More Abhijit S., Advocate for the Applicants Mr. Rajdeep D. Raut, AGP for Respondent Nos.1 and 2. ….. CORAM : NEERAJ P. DHOTE, J. DATE : 24.03.2025 PER COURT : 1. This is an Application fled by the Claimants for condonation of 849 days delay caused in fling the First Appeal against the Judgment and Award passed by the Reference Court in the Land Acquisition Proceedings. 2. Pursuant to the notice issued by this Court, learned A.G.P appears for Respondent Nos.1 and 2. None for Respondent No.3 – Acquiring Body. 3. It is submitted by the learned Advocate for the Applicants that, suffcient reasons are mentioned in the Application, which prevented the Applicants to fle the Appeal within the stipulated time and, therefore, the Application be allowed. 4. Application is opposed by the learned A.G.P for the State. He submits that, no suffcient reasons are mentioned in the Application and therefore, the Application be rejected. 1 2025:BHC-AUG:8975 36-CA-7366-2022.odt 5. On going through the Application and for the reasons mentioned in Paragraph No.3 of the Application, the Application is allowed in terms of prayer clause - ‘B’, subject to the condition that, the Applicants / Appellants shall not be entitled for the statutory benefts and the interest for the aforesaid delayed period. Appeal be registered. The copy of this order be kept in the order sheet of the Appeal memo. 6. Civil Application stands disposed of accordingly. [NEERAJ P. DHOTE, J.] Sameer/March-2025 2 Signed by: Md. Sameer Q. Designation: PA To Honourable Judge Date: 27/03/2025 16:24:11