Bombay High Court
The Executive Engineer Minor Irrigation Division LaturversusBalaji Vithoba Gudale and ors.
- Disposal
- Admitted/Allowed/Granted/Rule Absolute
- Bench
- S G CHAPALGAONKAR
Holding
The Court held that the delay in filing the appeals is condoned as the applicants made out a sufficient case.
Summary
The Executive Engineer, Minor Irrigation Division, Latur filed a series of civil applications seeking condonation of delay in filing appeals against awards passed by the Reference Court in land acquisition matters. The applications were filed on behalf of the Division against multiple respondents. The Division argued that the delay was justified and that the appeals should be allowed to proceed. The Court examined the submissions and found that the applicants had made out a case for condoning the delay. Consequently, the Court ordered that the delay be condoned, the appeals be registered after removal of any office objection, and the civil applications be disposed of. The judgment was delivered by Justice S. G. Chapalgaonkar on 25 June 2026.
Issues considered
- Whether the delay in filing appeals against the Reference Court's award in land acquisition proceedings can be condoned under the procedural law.
Subjects
- condonation of delay
- appeal
- land acquisition
- reference court
- civil application
- procedural law
Judgment
2026:BHC-AUG:24800
(1) 953-ca-6057-2026-Delay.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO. 6057 OF 2026
IN FAST/13548/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
SURESH RAM KOTE AND ORS.
…
AND
CIVIL APPLICATION NO. 6059 OF 2026
IN FAST/13564/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
KISANRAO DATTARAO MANE AND ORS.
…
AND
CIVIL APPLICATION NO. 6061 OF 2026
IN FAST/13579/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
VIDYADHAR SHIVAJIRAO MANE AND ORS.
…
AND
CIVIL APPLICATION NO. 6063 OF 2026
IN FAST/13599/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
RANGNATH VITHOBA GUDALE DEAD THROUGH LRS 1
VIMALBAI RANGNATH GUDALE AND ORS.
…
AND
CIVIL APPLICATION NO. 6065 OF 2026
IN FAST/13614/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
TANAJI KALIDAS MANE AND ORS.
(2) 953-ca-6057-2026-Delay.odt
…
AND
CIVIL APPLICATION NO. 6067 OF 2026
IN FAST/13610/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
SAMBHAJI VITHOBA GUDALE AND ORS.
…
AND
CIVIL APPLICATION NO. 6069 OF 2026
IN FAST/13553/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
DIJISAHEB MADHAVRAO PATIL AND ORS.
…
AND
CIVIL APPLICATION NO. 6071 OF 2026
IN FAST/13595/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
SANJAY SAMBHAJI GUDALE AND ORS.
…
AND
CIVIL APPLICATION NO. 6074 OF 2026
IN FAST/13592/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
VITHAL RAM KOTE AND ORS.
…
AND
CIVIL APPLICATION NO. 6076 OF 2026
IN FAST/13560/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
PRAMOD DAJISAHEB PATIL AND ORS.
…
AND
(3) 953-ca-6057-2026-Delay.odt
CIVIL APPLICATION NO. 6078 OF 2026
IN FAST/13588/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
YESHWANT BALAJI GUDALE AND ORS.
…
AND
CIVIL APPLICATION NO. 6080 OF 2026
IN FAST/13585/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
BALAJI VITHOBA GUDALE AND ORS.
…
AND
CIVIL APPLICATION NO. 6082 OF 2026
IN FAST/13582/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
MANOJ SHIVAJIRAO MANE AND ORS.
…
AND
CIVIL APPLICATION NO. 6084 OF 2026
IN FAST/13576/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
RAVINDRA SHIVAJIRAO MANE AND ORS.
…
AND
CIVIL APPLICATION NO. 6086 OF 2026
IN FAST/13567/2026
THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION
LATUR
VERSUS
RATNAMALA BHAGWANRAO MANE AND ORS.
…
Mr. G. S. Khaire h/f Mr. Shrirang Shashishekhar Dande, Advocate
for Applicants.
Mr. S. G. Sangle, AGP for Respondents-State.
(4) 953-ca-6057-2026-Delay.odt
Mr. N. D. Kendre, Advocate for Respondent No.1.
...
CORAM : S. G. CHAPALGAONKAR, J.
DATED : 25th JUNE, 2026.
P.C.:-
1. Heard learned Advocates appearing for respective parties.
2. By these applications, applicants seek to condone delay
caused in filing Appeals against award passed by Reference Court
in Land Acquisition Reference.
3. Perused application. Considering submission advanced and
reasons as stated in Civil Applications, case is made out to condone
delay. Hence, following order is passed:
ORDER
a. Civil Applications are allowed.
b. Delay caused in filing Appeals is condoned.
c. Appeals be registered on removal of office objection, if any.
d. Civil Applications stand disposed of.
(S. G. CHAPALGAONKAR)
JUDGE
Devendra/June-2026
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