Bombay High Court

YANKAJI RANGNATH GHADGE (DIED) THR. LRS KESHARBAI YANKAJI GHADGE AND ANRversusTHE STATE OF MAHARASHTRA THROUGH COLLECTOR JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute
Bench: SHAILESH P BRAHME

Holding

The delay is condoned on the condition that the petitioners shall not be entitled to interest or statutory benefits for the delayed period and the lapse from 11‑Nov‑2024 to 03‑Sep‑2025.

Summary

The petitioners, heirs of the deceased Yankaji Rangnath Ghadge, filed a civil application against the State of Maharashtra and the Collector, Jalna, seeking relief under a land‑acquisition matter. The court noted that the petitioners' averments were not contested and that the delay in filing was unintentional. The petitioners agreed to forgo any interest and statutory benefits accrued during the period of delay. The court conditioned the condonation of delay on the forfeiture of such interest and benefits for the period from 11‑Nov‑2024 to 03‑Sep‑2025. Consequently, the civil application was allowed, and a notice for final disposal was issued, with the State’s advocate waiving service of the notice.

Issues considered

Whether the delay in filing the civil application can be condoned despite being unintentional
Whether the petitioners are entitled to interest and statutory benefits for the period of delay

Subjects

delay condonation
interest forfeiture
statutory benefits
civil application
land acquisition

Judgment

                            1                    42-CA.1423-25.odt


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                BENCH AT AURANGABAD

          42 CIVIL APPLICATION NO. 1423 OF 2025
                    IN FAST/31143/2024

YANKAJI RANGNATH GHADGE (DIED) THR. LRS KESHARBAI
             YANKAJI GHADGE AND ANR
                      VERSUS
  THE STATE OF MAHARASHTRA THROUGH COLLECTOR
                  JALNA AND ORS

                              ...
       Advocate for Applicants : Mr. Pingale Durgesh M.
         AGP for Respondent/s-State : Mr. N. D. Raje.
                              ...

                         CORAM : SHAILESH P. BRAHME, J.
                         DATE : 23.01.2026

PER COURT :-


1.    Heard learned counsel for the applicants, learned AGP

for respondent Nos.1 and 2/State Authorities. None present

present for respondent No.3/acquiring body.


2.    The averments of the application have not been

controverted. The delay is unintentional. The applicants are

ready to give up interest and statutory benefits for the delayed

period. The delay stands condone on condition that applicants

shall not be entitled to interest and statutory benefits for the

delayed period as well as period of lapses from 11.11.2024 to

03.09.2025.


4.    Civil application is allowed.
                            2                           42-CA.1423-25.odt




                         First Appeal


5.      Issue notice for final disposal to the respondents,

returnable on 13.02.2026.


6.      Learned   AGP   waives         service   of   notice   for   the

respondents/State Authorities.




                                          (SHAILESH P. BRAHME, J.)

                                 ...

vmk/-

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