SURESH S/O. DIGAMBARRAO POTDAR.versusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ANR.

2026:BHC-AUG:42567
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                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                      BENCH AT AURANGABAD

                               952 CIVIL APPLICATION NO. 4395 OF 2026
                                          IN FAST/7773/2026

                             Suresh S/o. Digambarrao Potdar & Anr.
                                              VERSUS
              The State Of Maharashtra Through The Collector Osmanabad And Anr.
                                                 ...
             Adv.G.K. Sontakke for the Applicants.
             Mr.Kishor Hote Patil, AGP for the Respondent/State.
             Adv.R.A. Tambe for Respondent No.2.
                                                 ...

                                      CORAM            : MANJUSHA DESHPANDE, J.
                                      DATE             : 10.09.2026
             PER COURT :


             1.              This Civil Application has been filed by the Claimants seeking

             condonation of delay of 6480 days in filing the present First Appeal. The

             Claimants seek to challenge the common Judgment and Award dated 11 th

             March, 2008 passed by the learned Civil Judge, Senior Division, Omerga,

             in LAR Nos. 226, 227 and 158 of 2004.

             2.              It is the contention of the Applicants that the delay in filing

             the First Appeal has neither been intentional nor deliberate. According to

             the Applicants, they are residents of a remote rural area and, therefore,

             were not aware of the Judgment and Award passed by the learned

             Reference Court. It is further submitted that, due to paucity of funds, the

             Applicants were unable to approach this Court and prefer the Appeal

             within the prescribed period. It is stated that, when funds became

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available, the Applicants were unable to approach this Court on account

of illness of one of the Applicants.

3.            It is further submitted that the First Appeal arising out of the

same notification has already been allowed by this Court. It is, therefore,

submitted that the present Appeal may also be allowed on the ground of

parity and that the Applicants cannot be denied the benefits to which

they are legally entitled, including just and proper compensation for the

deprivation of their land.

4.            The present Application is opposed by the learned Advocate

for the Acquiring Body as well as by the learned AGP. They submit that,

having regard to the enormous delay, the same does not deserve to be

condoned.

5.            However, considering that the companion Appeals arising out

of the same notification have already been allowed and that the

explanation furnished by the Applicants for the delay is satisfactory, and

further that the delay does not appear to be intentional or deliberate, the

Applicants cannot be deprived of their legitimate claim. Hence, the delay

deserves to be condoned.

6.            In view thereof, the Civil Application for condonation of

delay is allowed, subject to the condition that the Applicants shall furnish

an undertaking to the satisfaction of the Registrar (Judicial) of this Court,

that they shall not claim any statutory benefits or interest for the period

of delay, within a period of four weeks.
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7.            List the First Appeal for admission and final disposal on

8th October, 2026.



                                        [ MANJUSHA DESHPANDE, J. ]




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