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2025 DAILYLAW 65152 (BOM)

BHIKA S/O SHRIPAT KHARAT (DIED THROUGH LRS) RUKHMANBAI DIED THROUGH LRS MAROTI AND ANR. v. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION JALNA AND OTHERS.

CA/12272/2025 · 2025-12-22

Shri Shailesh P Brahme

body2025

Judgment text

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 36 CIVIL APPLICATION NO. 14043 OF 2025 IN FAST/32597/2025 BHIKA S/O SHRIPAT KHARAT (DIED THROUGH LRS) RUKHMANBAI DIED THROUGH LRS MAROTI AND ANR. VERSUS THE STATE OF MAHARASHTRA THROUGH DIST COLLECTOR, JALNA AND ORS. WITH CIVIL APPLICATION NO. 12272 OF 2025 IN FAST/32597/2025 AND 37 CIVIL APPLICATION NO. 14045 OF 2025 IN FA/3715/2022 SANDU S/O RUSTUM KHARAT AND ORS. VERSUS THE STATE OF MAHARASHTRA THR COLLECTOR, JALNA AND ORS. AND 38 CIVIL APPLICATION NO. 14048 OF 2025 IN FAST/32593/2025 VASANT S/O BHAGAJI RAGDE AND ANR. VERSUS THE STATE OF MAHARASHTRA THROUGH DIST COLLECTOR JALNA DIST JALNA AND ORS. WITH CIVIL APPLICATION NO. 12257 OF 2025 IN FAST/32593/2025 ... Advocate for Applicants : Mr. Humbe Vilas M. AGPs for Respondent/s-State : Mr. S. V. Hange, Mrs. M. N. Ghanekar, respectively. Advocate for Respondent/Acquiring Body : Mr. S. S. Dande. ... CORAM : SHAILESH P. BRAHME, J. DATE : 22.12.2025 PER COURT :- Civil Applications for Delay 1. Applicants seek to condone delay of 3829 days and 3515 days respectively in preferring first appeals. For the reasons stated in the applications, delay stands condoned. 2. Applications are contested by the respondent/acquiring body. It is submitted that no convincing reasons are coming forth to condone the delay. 3. The averments of the applications have not been traversed by the acquiring body. There are no reasons to infer any malafides on the part of the applicants. The applicants are ready to give up interest and statutory benefits for the delayed period. The delay stands condoned. 4. Civil applications for delay are allowed. Civil Applications and First Appeals 5. Issue notice to the respondents, returnable 27.01.2026. 6. Learned AGPs waive service of notice for the respondents/State. Learned counsel Mr. Dande waives service of notice for the respondent/acquiring body. (SHAILESH P. BRAHME, J.) ... vmk/-