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2026 DAILYLAW 20930 (BOM)

DILIP RAMRAO VAIDYA v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, NANDED AND OTHERS

CA/3793/2026 · 2026-10-14

Special Leave Petitionbody2026

Judgment text

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1 968 CA 3793 OF 2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 968 CIVIL APPLICATION NO. 3793 OF 2026 IN FAST/32244/2022 DILIP RAMRAO VAIDYA VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, NANDED AND OTHERS ... Mr. K. B. Jadhav h/f. Mr. V. B. Jogdand Patil, Advocate for Applicant Mr. B. V. Virdhe, AGP for Respondent Nos.1 and 2 – State … CORAM : AJIT B. KADETHANKAR, J. DATED : 14th October 2026 P.C. :- . The application is filed seeking condonation of delay of 109 days caused in filing the First Appeal against the impugned judgment and award dated 06.05.2022 passed by the learned Joint Civil Judge, Senior Division, Nanded in Land Acquisition Reference No.292 of 2011. 2. It is submitted that for want of adequate funds to file the First Appeal, the appellant needed some time which resulted in delay in filing the appeal. The delay is not huge one nor it is caused out of any lethargy or negligence. The reasons justifying the condonation of delay are explained 2026:BHC-AUG:49551 2 968 CA 3793 OF 2026 elaborately at paragraph Nos.2 to 4 of the application. In view of the law laid down by the Hon’ble Supreme Court in the case of Suresh Kumar Vs. State of Haryana and ors., (Civil Appeal arising out of SLP (C) No.670 of 2020 and connected matters), decided on 23.04.2025, I deem it appropriate to allow the application. 3. For the reasons stated in the application, the same is allowed. Delay caused in filing the application stands condoned. 4. First Appeal be registered. 5. It is clarified that the applicant shall not be entitled to the interest and statutory benefits for the delayed period. FIRST APPEAL . Issue notice to the respondents, returnable on 02.12.2026. Learned AGP waives notice for respondent Nos.1 and 2 – State. Mr. R. K. Ingole, learned Advocate waives notice for respondent No.3. 2. Call Record and Proceeding. ( AJIT B. KADETHANKAR, J. ) PRW