DEVICHAND REWA RATHOD (DIED) THR. LRS SAHEBRAO DEVICHAND RATHOD v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS.
CA/14061/2024 · 2025-07-01
Shri Shailesh P Brahme
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30753 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30753 (BOM) · dailylaw.ai ]
Judgment text
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1 953-CA.12901-24 & ors.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 12901 OF 2024 IN FAST/24254/2024 JANU (BABU) S/O UMALA RATHOD (DIED) THR. LRS RAMRAO S/O JANU RATHOD VERSUS THE STATE OF MAH THROUGH COLLECTOR JALNA AND ORS AND 954 CIVIL APPLICATION NO. 12907 OF 2024 IN FAST/24271/2024 GULAB REVA RATHOD VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 955 CIVIL APPLICATION NO. 12908 OF 2024 IN FAST/24298/2024 PRAYAGBAI BHIMRAO RATHOD VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 956 CIVIL APPLICATION NO. 12909 OF 2024 IN FAST/24274/2024 DNYANOBA TUKARAM ZHOL VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 957 CIVIL APPLICATION NO. 12910 OF 2024 IN FAST/24294/2024 RUPCHAND SAKHARAM CHAVHAN (AS PER 7/12 EXTRACT) GORAKHNATG RUPCHAND CHAVHAN VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 958 CIVIL APPLICATION NO. 12911 OF 2024 IN FAST/24296/2024 SUDAM UMLA RATHOD VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. 2 953-CA.12901-24 & ors.odt AND 959 CIVIL APPLICATION NO. 12918 OF 2024 IN FAST/24256/2024 PANKABAI W/O SUKHLAL RATHOD VERSUS THE STATE OF MAH THROUGH COLLECTOR JALNA AND ORS AND 960 CIVIL APPLICATION NO. 12954 OF 2024 IN FAST/24267/2024 BHIMRAO JANU RATHOD VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 961 CIVIL APPLICATION NO. 13223 OF 2024 IN FAST/24207/2024 MUKTIRAM REVA RATHOD VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 962 CIVIL APPLICATION NO. 13224 OF 2024 IN FAST/25225/2024 BALCHAND DHAVAJI RATHOD VERSUS THE STATE OF MAH THROUGH COLLECTOR JALNA AND ORS AND 963 CIVIL APPLICATION NO. 13267 OF 2024 IN FAST/25323/2024 SUKHDEV LAXMAN RATHOD VERSUS THE STATE OF MAH THROUGH COLLECTOR JALNA AND ORS AND 964 CIVIL APPLICATION NO. 13304 OF 2024 IN FAST/25320/2024 BABA SAKHARAM CHAVHAN (DIED) THR. LRS. NILABAI W/O BABA CHAVAN AND ORS VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND
3 953-CA.12901-24 & ors.odt 966 CIVIL APPLICATION NO. 13945 OF 2024 IN FAST/29438/2024 NANU KHEMA CHAVAN VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. AND 967 CIVIL APPLICATION NO. 13979 OF 2024 IN FAST/25331/2024 SANJAY SUKHLAL RATHOD VERSUS THE STATE OF MAH THROUGH COLLECTOR JALNA AND ORS AND 968 CIVIL APPLICATION NO. 14061 OF 2024 IN FAST/29368/2024 DEVICHAND REWA RATHOD (DIED) THR.
LRS SAHEBRAO DEVICHAND RATHOD VERSUS THE STATE OF MAH THROUGH THE COLLECTOR JALNA AND ORS. ... Adv. for Applicants in all : Mr. S. M. Kakde (Through V. C.). AGP for Respondent/s-State in all : Mr. B. A. Shinde. ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 01.07.2025 PER COURT
:-
1. Heard Mr. Kakde for the applicants and learned AGP for the respondents/State.
2. Applicants are seeking condonation of delay in preferring first appeals.
3.
Learned counsel for the applicants tenders on record relevant information in tabular form indicating length of delay and length of lapses in each matter. Following is the said table :
4 953-CA.12901-24 & ors.odt Sr. No. Particulars C.A. No. No. of Days delay Date of filing Date of 1st
order date 953 Janu (babu) s/o Umala Rathod Vs. The State of Maharashtra CA/12901/2024 1884 31.08.2024 08.04.2025 954 Gulab Reva Rathod Vs. The
State
of Maharashtra CA/12907/2024 1883 31.08.2024 08.04.2025 955 Prayagbai
Bhimrao Rathod Vs. The State of Maharashtra CA/12908/2024 1942 31.08.2024 08.04.2025 956 Dnyanoba
Tukaram Zhol Vs. The State of Maharashtra CA/12909/2024 1879 31.08.2024 08.04.2025 957 Rupchand
Sakharam ChavhanVs. The State of Maharashtra CA/12910/2024 1648 31.08.2024 08.04.2025 958 Sudam Umla Rathod Vs. The
State
of Maharashtra CA/12911/2024 1694 31.08.2024 08.04.2025 959 Pankabai W/o Sukhlal Rathod Vs. The State of Maharashtra CA/12918/2024 1693 31.08.2024 08.04.2025 960 Bhimrao Janu Rathod Vs. The State of Maharashtra CA/12954/2024 1799 31.08.2024 08.04.2025 961 Muktiram Reva Rathod Vs. The State of Maharashtra CA/13223/2024 1882 30.08.2024 08.04.2025 962 Balchand
Dhavaji Rathod Vs. The State of Maharashtra CA/13224/2024 1807 10.09.2024 08.04.2025 963 Sukhdev
Laxman Rathod Vs. The State of Maharashtra CA/13267/2024 1722 10.09.2024 08.04.2025 964 Baba
Sakharam Chavhan (died) Thr. Lrs. Vs. The State of Maharashtra CA/13304/2024 1738 10.09.2024 08.04.2025 966 Nanu Khema Chavan Vs. The State of Maharashtra CA/13945/2024 1734 17.10.2024 08.04.2025
5 953-CA.12901-24 & ors.odt 967 Sanjay Sukhlal Rathod Vs. The State of Maharashtra CA/13979/2024 1811 10.09.2024 08.04.2025 968 Devichand
Rewa Rathod (died) Thr. Lrs Sahebrao Vs. The State of Maharashtra CA/14061/2024 1849 16.10.2024 08.04.2025
4.
Learned counsel for the applicants submits that delay caused in each appeal is not intentional. There are reasons for condonation of delay stated in civil applications. It is submitted that applicants are ready to forego interest and statutory benefit for the delayed period.
5. Learned AGP opposes the applications. It is submitted that even after filing appeals, no prompt steps are taken for circulating the matters. The lapses are attributable to the applicants.
6. I have considered the contents of the civil applications as well as
submissions of both sides. The averments in the applications are not controverted. I do not find that there are any malafides on part of applicants in approaching High Court belatedly. They are agriculturists and they have lost their lands in acquisition. I deem it appropriate to condone the delay on certain conditions.
7. Civil applications are allowed in terms of prayer clause “A” by condoning the delay in every appeal as stated in the above table on condition that applicants shall not be entitled interest and the statutory benefits for the length of delay as well as 50% of the period for the lapses
6 953-CA.12901-24 & ors.odt from date of filing of the appeal till date of first order as enumerated in the above table. In First Appeals
8. Admit.
9. Learned AGP waives service of notice for the respondents/State.
10. Call for Record and Proceedings from the concerned Court.
11. Lastly, it is clarified that appellants shall not be entitled to interest and the statutory benefits for the period of delay as well as for 50% of the period from date of filing of the appeals till date of first order as it is separately recorded in the order condoning the delay.
(SHAILESH P. BRAHME, J.) ... vmk/-