VITHAL KISAN NIKAM. v. THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS.
CA/8841/2026 · 2026-08-17
body2026
DailyLaw.ai
[ 2026 DAILYLAW 3518 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 3518 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
CA 8841/26 & Ors. 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 72 CIVIL APPLICATION NO. 8841 OF 2026 IN RC/663/2014 VITHAL KISAN NIKAM. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS. ... Advocate for Applicant : Mr. V.S. Tanwade AGP for Respondent/State : Mr. A.D. Wange ... 73 CIVIL APPLICATION NO. 8842 OF 2026 IN RC/665/2014 SHIVAJI PANDHARI MAJAGE AND OTHERS. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS. ... Advocate for Applicant : Mr. V.S. Tanwade AGP for Respondent/State : Mr. B.A. Shinde ... 74 CIVIL APPLICATION NO. 8843 OF 2026 IN RC/661/2014 SANGMESHWAR SIDHESHWEAR SHETE. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS. ... Advocate for Applicant : Mr. V.S. Tanwade AGP for Respondent/State : Mr. S.N. Morampalle ... CORAM : SIDDHESHWAR S. THOMBRE, J. Dated : August 17, 2026 PER COURT :-
1. By these applications, the applicants/original claimants seeks to quash and set aside the orders dated 22.4.2014 passed by the learned Registrar Judicial and prayed for restoring the first appeals by condoning the 2026:BHC-AUG:37375
CA 8841/26 & Ors. 2 delay of 4480 days caused in filing the present applications. The applicants also seeks permission to reconstruct the first appeals. 2. Mr. V.S. Tanwade, learned counsel for the applicants in all matters submits that the registration of the first appeals is rejected on the ground that the applicants failed to remove the office objections within stipulated time. He submits that due to oversight, the counsel has not marked the matters and therefore, the matters went unattended for years and after getting the order in other first appeals, the counsel has verified the record and found that the registration of the first appeals was already refused. He submits that the applicants are agriculturists, their lands were acquired by the State and for the fault of counsel, the applicants cannot be made to suffer. Therefore, he submits that considering the above and in view of the fact that the matters pertain to Land Acquisition Act, a beneficial legislation, of poor agriculturists, the first appeals need to be restored on it’s original position by condoning the delay. 3. The learned counsel further submits that after going through the record, he found that entire record has already been destroyed and therefore, he also seeks permission to reconstruct the first appeals. 4.
The learned AGPs in respective matters vehemently opposed for restoration of the first appeals by contending that there was huge delay of 12 years and in the event, this Court condones the delay, unnecessary burden will be cast on the public exchequer. They submit that after filing the appeal, applicants have to take care of the matters and to remove the office objections within time, but the applicants have not taken any care to remove the office objections. In view of the above, they pray to reject the applications. CA 8841/26 & Ors. 3
5. Having heard the learned counsel for the respective parties I have gone through the record. These are the matters of agriculturists and for the fault of their counsel, the applicants cannot be made to suffer. Hence, I hold that the applications need to be allowed by condoning the delay. Hence, the following order. O R D E R (1) The applications are allowed. (2) The delay in filing the restoration of first appeals is condoned. (3) The orders dated 22.4.2014 passed by the learned Registrar Judicial in FAST Nos. 2371/2014, 2380/2014 and 2340/2014 are quashed and set aside. (4) The present appeals are restored to it’s original position. (5) Office to accept the reconstructed first appeals. (6) The applicants are not entitled to receive interest and other statutory benefits, if any, from the date of dismissal till today. (7) Place these matters for final disposal on 24.8.2026. ( SIDDHESHWAR S. THOMBRE, J. ) ssc/