Bombay High Court

ANANDRAO RAMRAO PATILversusTHE STATE OF MAHARSHTRA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court held that the 335‑day delay in filing the first appeal is condoned, but the applicant is not entitled to any interest or statutory benefits.

Summary

Anandrao Ramrao Patil appealed a 2019 land acquisition compensation award, filing his first appeal 335 days late. He claimed the delay was due to lack of legal knowledge, difficulty in obtaining counsel, and financial constraints. The High Court, relying on the Supreme Court’s decision in Suresh Kumar v. State of Haryana (2025), found the delay neither deliberate nor negligent and therefore condoned it. However, the Court held that the appellant is not entitled to any interest or statutory benefits for the period of delay. The civil application was allowed, the delay condoned, and the application was subsequently disposed.

Issues considered

Whether a delay of 335 days in filing a first appeal can be condoned under law.
Whether the appellant is entitled to interest or statutory benefits for the period of delay.

Subjects

condonation of delay
first appeal
land acquisition compensation
interest
statutory benefits
civil procedure

Judgment

2026:BHC-AUG:45808



                                                       1
                                                                       920-ca-4204-2021

                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD

                     CIVIL APPLICATION NO. 4204 OF 2021 IN FAST/18184/2020
                                        Anandrao Ramrao Patil
                                               VERSUS
                                   The State Of Maharshtra And Ors
                                                  ...
                     Mr. B. N. Gadegaonkar, Advocate for Applicant
                     Mr. S. N. Kendre, AGP for Respondent-State
                                                  …..
                                         CORAM : AJIT B. KADETHANKAR, J.
                                             DATED : 29TH SEPTEMBER, 2026
                     P.C. :-

                     .         Feeling aggrieved by the judgment and award dated

                     11.01.2019 passed by learned Civil Judge Senior Division,

                     Mukhed in Land Acquisition Reference No.53 of 2014, the

                     claimant has filed First Appeal seeking enhancement in the

                     compensation. There is delay of 335 days caused in filing the

                     First Appeal.

                     2.        The reasons explaining delay are set out exhaustively at

                     paragraph nos.2 to 5 of the application. It is submitted that for

                     want of legal knowledge to take up proceedings in Appeal, the

                     appellant could not approach the learned Advocate earlier. It

                     is also stated that even after approaching the learned

                     Advocate, some time was consumed in collecting the

                     documents and arranging the funds to file the First Appeal.
                                 2
                                                   920-ca-4204-2021

3.    Mr. B. N. Gadegaonkar, learned Advocate for the

applicant submits that the delay is neither deliberate nor

attributable to any lethargy on the part of the applicant.

4.    Notices were issued to the respondents. Learned AGP

appears for respondent no.1. None appears for respondent

nos.2 and 3.

5.    For the reasons stated in the application and also in the

light 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 (C) No.670/2020) and connected

matters decided on 23.04.2025, I find that the applicant has

made out a successful case for condonation of delay. Hence, I

pass following order:

                              ORDER

      a.       Civil Application stands allowed.

      b.       Delay of 335 days caused in filing the First
      Appeal stands condoned.

      c.       The   applicant/claimant    shall   not   be
      entitled for any interest and statutory benefits for
      the period of delay.

      d.       Civil Application stands disposed of.
                                     3
                                                        920-ca-4204-2021

FIRST APPEAL ST. NO.18184 OF 2020

.       Issue    notice   to   the       respondents,   returnable   on

27.10.2026. Learned AGP waives service of notice for

respondent nos.1 and 2.



                                         ( AJIT B. KADETHANKAR, J. )

Rushikesh/2026

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