Bombay High Court

RAMBHAU ROHIDAS JADHAV AND ANRversusTHE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS

Disposal: Admitted/Allowed/Granted/Rule Absolute

Holding

The Court condoned the delay conditionally, denying the petitioners any interest or statutory benefits for the delayed period.

Summary

The High Court of Bombay, Aurangabad Bench heard a series of civil applications (Nos. 6358, 6367, 6377, 6379, 6469 of 2023 and 2753 of 2025) filed by various petitioners seeking condonation of delay ranging from 1,098 to 4,058 days in obtaining orders against the State of Maharashtra. The respondents contested the applications but did not specifically dispute the factual averments, and no mala‑fides was inferred. The Court observed that the petitioners were prepared to forgo interest and statutory benefits for the delayed period and identified lapses on the petitioners’ part. Consequently, the Court condoned the delay on the condition that the petitioners would not be entitled to interest or statutory benefits for the period of delay. The applications were thereafter disposed of, with service waived by the respondents and counsel.

Issues considered

Whether the Court may condone a delay of up to 4,058 days in civil applications seeking relief against the State.
Whether the petitioners can be denied interest and statutory benefits for the period of delay as a condition of condonation.

Judgment

                                                 20 to 25 CA 6358 OF 2023.odt

          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     BENCH AT AURANGABAD

                20 CIVIL APPLICATION NO. 6358 OF 2023
                           IN FAST/3402/2023

                   DNYANESHWAR VITHOBA KHARABE
                                  VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS
                                      ...
      Advocate for Applicant : Mr. V.D. Bhise h/f Mr. Kakde Kakde S.M.
           AGP for Respondent nos. 1 & 2 : Mr. V. V. Jahagirdar
          Advocate for Respondent No. 3 : Mr. Vinod M. Vibhute
                                      …
                                     AND
                21 CIVIL APPLICATION NO. 6367 OF 2023
                            IN FAST/3365/2023

                 RAMBHAU ROHIDAS JADHAV AND ANR
                                  VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS
                                      ...
      Advocate for Applicant : Mr. V.D. Bhise h/f Mr. Kakde Kakde S.M.
           AGP for Respondent nos. 1 to 3 : Mr. S.N. Morampalle
                                      …
                                     AND
                22 CIVIL APPLICATION NO. 6377 OF 2023
                            IN FAST/3295/2023

                   VISHAL JAYRAM RATHOD AND ANR
                                  VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS
                                      ...
      Advocate for Applicant : Mr. V.D. Bhise h/f Mr. Kakde Kakde S.M.
              AGP for Respondent nos. 1 & 2 : Mr. N.D. Raje
              Advocate for Respondent No. 3 : Mr. M.S. Taur
                                      …
                                     AND
                23 CIVIL APPLICATION NO. 6379 OF 2023
                            IN FAST/3297/2023

                         VISHAL JAYRAM RATHOD
                                  VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR JALNA AND ORS
                                      ...
      Advocate for Applicant : Mr. V.D. Bhise h/f Mr. Kakde Kakde S.M.
            AGP for Respondent nos. 1 & 2 : Mr. V.V. Jahagirdar
              Advocate for Respondent No. 3 : Mr. M.S. Taur
                                      …
                                     AND
                                                                         1/3
                                                     20 to 25 CA 6358 OF 2023.odt

                  24 CIVIL APPLICATION NO. 6469 OF 2023
                            IN FAST/10333/2023

                      MURLIDHAR BANSHI RATHOD
                                   VERSUS
 THE STATE OF MAHARASHTRA THROUGH COLLECTOR, JALNA AND OTHERS
                                       ...
       Advocate for Applicant : Mr. V.D. Bhise h/f Mr. Kakde Kakde S.M.
             AGP for Respondent/State : Mr. S. N. Morampalle
                                       …
                                      AND
                 25 CIVIL APPLICATION NO. 2753 OF 2025
                             IN FAST/1876/2025

BALABHAU YENKAJI KASTE (DIED) THR. LRS ASARAM BALASAHEB KASTE AND
                                      ANR
                                   VERSUS
 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR PARBHANI AND
                                      ORS
                                       ...
       Advocate for Applicant : Mr. V.D. Bhise h/f Mr. Kakde Kakde S.M.
               AGP for Respondent nos. 1 & 2 : Mr. N.D. Raje
        Advocate for Respondent No. 3 : Mrs. Chaitali Chaudhari Kutti
                                       ...

                     CORAM                :   SHAILESH P. BRAHME, J.

                     DATE                 : 09.03.2026


PER COURT :

       Heard both sides. The applicants in all these appeals are seeking
condonation of delay ranging from 1098 to 4058 days.

2.    The applications are contested by the respondents.

3.    The averments of the applications have not been traversed by the
respondents. There is no reason to infer any mala fides on the part of the
applicants. They are ready to give up interest and statutory benefits for the
delayed period. There are lapses on the part of the applicants, which can be
demonstrated as follows:




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                                                          20 to 25 CA 6358 OF 2023.odt

 Sr.No.            C.A. No.          Delay caused   Date of filing   Date of first
                                                    of application      order
     1)          6358/2023              1098         01.02.2023      26.10.2023
     2)          6367/2023              1265         01.02.2023      26.10.2023
     3)          6377/2023              4058         01.02.2023      26.10.2023
     4)          6379/2023              4058         01.02.2023      26.10.2023
     5)          6469/2023              3952         27.03.2023      12.02.2024
     5)          2753/2025              3707         15.01.2025      20.08.2025



4.        For the reasons stated in the applications, delay stands condoned on
condition that the applicants shall not be entitled to interest and statutory
benefits for the delayed period and lapses from the date of filing of the
application till date of securing first order as enumerated in the table
referred above.

5.        The Civil Applications are disposed of.

FIRST APPEALS :

6.        Admit. Learned A.G.P. waives service for the respondent/State.
Learned counsels Mr. Vibhute, Taur and Mrs. Kutti waives service for the
respondents/Acquiring Body in respective appeals.

7.        Call for record and proceedings.

8.        Print is dispensed with.



                                          ( SHAILESH P. BRAHME, J.)




mkd/-




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