The State Of Mah v. Balaji Kishan Kendre And ANR

2023:BHC-AUG:20690 1 4-20 FA 3884-2016.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 09.09.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 4 FIRST APPEAL NO.3884 OF 2016 WITH CA/12255/2015 IN FA/3884/2016 RAOSAHEB RAMCHANDRA PATIL 5 FIRST APPEAL NO.314 OF 2018 WITH CA/4262/2013 IN FA/314/2018 WITH FA/318/2018 WITH CA/ 4272/2013 IN FA/318/2018 WITH FA/315/2018 WITH CA/4274/2013 IN FA/315/2018 WITH FA/316/2018 WITH CA/4276/2013 IN FA/316/2018 WITH FA/317/2018 WITH CA/4282/2013 IN FA/317/2018 NIVRUTTI TULSHIRAM SURNAR 6 CIVIL APPLICATION NO.3951 OF 2013 IN FAST/1145/2013 WITH CA/3952/2013 IN FAST/1145/2013 THE STATE OF MAHARASHTRA AND ORS KISHAN GUNAJI DAHIPHALE AND ANR 7 CIVIL APPLICATION NO.3956 OF 2013 IN FAST/1159/2013 WITH CA/3957/2013 IN FAST/1159/2013 THE STATE OF MAHARASHTRA AND ORS NARAYAN NAMDEO RAKH AND ANR 9 CIVIL APPLICATION NO.3964 OF 2013 IN FAST/1163/2013 WITH CA/3965/2013 IN FAST/1163/2013 THE STATE OF MAHARASHTRA

2 4-20 FA 3884-2016.odt BALAJI KISHAN KENDRE AND ANR 10 CIVIL APPLICATION NO.3966 OF 2013 IN FAST/1208/2013 WITH CA/3967/2013 IN FAST/1208/2013 KAMALAKAR BHAGWANRAO KULKARNI 14 CIVIL APPLICATION NO.3299 OF 2015 IN FAST/34542/2014 WITH CA/3300/2015 IN FAST/34542/2014 WITH CA/3301/2015 IN FAST/34583/2014 WITH CA/3302/2015 IN FAST/34583/2014 WITH CA/3311/2015 IN FAST/34586/2014 WITH CA/3312/2015 IN FAST/34586/2014 WITH CA/3303/2015 IN FAST/34589/2014 WITH CA/3304/2015 IN FAST/34589/2014 WITH CA/3305/2015 IN FAST/34592/2014 WITH CA/3306/2015 IN FAST/34592/2014 WITH CA/3309/2015 IN FAST/34595/2014 WITH CA/3310/2015 IN FAST/34595/2014 WITH CA/3307/2015 IN FAST/34598/2014 WITH CA/3308/2015 IN FAST/34598/2014 PANDITRAO ANNASAHEB BHATANE 15 CIVIL APPLICATION NO.

6178 OF 2015 IN FAST/22473/2014 WITH CA/6175/2015 IN FAST/22463/2014 RAJARAM NARSING TUDME 16 CIVIL APPLICATION NO.

3 4-20 FA 3884-2016.odt FAST/22491/2014 WITH CA/6182/2015 IN FAST/22491/2014 BHAGWAN PUNDABUVA GIRI 18 CIVIL APPLICATION NO.15390 OF 2015 IN FAST/31546/2015 WITH CA/15396/2015 IN FAST/31566/2015 WITH CA/15393/2015 IN FAST/31569/2015 THE STATE OF MAHARASHTRA AND ORS DEELIP MAROTI SHINDE 19 CIVIL APPLICATION NO.4750 OF 2016 IN FAST/6422/2016 CHANNAPPA GURAPPA BIRADAR 20 CIVIL APPLICATION NO.

4 4-20 FA 3884-2016.odt Mr. A. M. Phule, AGP for the Appellants/applicants.

O R D E R

( 09th September, 2023 ) .

These appeals are placed before the Lok Adalat by the appellantState. 2.

Mr. Sunil Yadav, Additional Collector and Mr. Sushant Shinde, S.D.O., Udgir are present.

3.

Mr. Phule, learned A.G.P. for the appellant/State submitted that the above numbered group of appeals is squarely covered by the Government Resolution No. Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 03rd November, 2016 with Government Corrigendum dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution. In turn, this group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals.

4.

The learned A.G.P. for the State submits that entire amount in these appeals has been deposited and later on withdrawn by the original claimants by obtaining orders from the this Court. He further submits that, in these circumstances, nothing survived in these appeals.

5 4-20 FA 3884-2016.odt 5.

However, before disposing of the appeals, it is further clarified that, in case, any amount is lying with this Court, then the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount to the original claimants on their applications. The claimants are at liberty to make application before the reference Court and withdraw the said amount.

[[ 6.

The above numbered appeals stand disposed of as withdrawn. No order as to costs.

7.

In view of disposal of appeals, civil applications do not survive and are disposed of.

[ 8.

The Court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act.

( A. R. BORULKAR ) ( S. G. SHETE ) ( KISHORE C. SANT, J. ) Advocate D.J. (Retd.) Head of Panel Member Member P.S.B.