The State Of Maharashtra And Another v. Shaivappa Bhimrao Birajdar (Kalase)

fa1342.13 (05) -1IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON'BLE SHRI JUSTICE V. K. JADHAV, HELD ON 14TH JULY, 2018, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1001 FIRST APPEAL NO. 1342 OF 2013 THE STATE OF MAHARASHTRA AD ANR

VERSUS

MAHADEO ANNAPPA BADURE AND ORS ...

1002 FIRST APPEAL NO. 2489 OF 2014 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RACHAYYA KARBAYYA SWAMI ...

1003 FIRST APPEAL NO. 2494 OF 2014 WITH FA/2486/2014 WITH CA/4796/2013 IN FA/2486/2014 WITH FA/2491/2014 WITH CA/4792/2013 IN FA/2491/2014 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

MALAYYA KARBASSASAYYA @ BABUAO SWAMI ....

AGP for Appellant : Mr. B.V. Virdhe Advocate for Respondents : Mr. N.R. Pawade h/f Mr. L.C. Patil .....

(05)

O R D E R

1.

Mr. Alhad Laxmanrao Palwankar, Sub Divisional Officer, Minor Irrigation, Sub Division, Ashti, is present before the panel. Mr. B.V. Virdhe, learned A.G.P. for the appellant-State authorities and Mr. N.R. Pawade h/f Mr. L.C. Patil, learned counsel appearing for the respondents-original claimants are also present.

2.

Mr. B.V. Virdhe, learned A.G.P. for the appellant State-authorities, on instructions from the aforesaid officer, who is present before the panel

fa1342.13 (05) -2submits that the rate awarded by the impugned judgment and award passed by the reference court is less than four times of the rate awarded by the S.L.A.O. In view of above, Mr. B.V. Virdhe, learned A.G.P. for the appellant State, on instructions from the officer, who is present before the panel and in tune with the Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017 seeks leave to withdraw these first appeals.

3.

Since the State authorities have taken decision to settle the dispute finally, which squarely falls in the category of Government Resolution dated 03.11.2016 and the subsequent corrigendum dated 23.02.2017, leave granted. All first appeals are disposed of as withdrawn. Court fees be refunded as per Rules. Pending civil applications, if any, are also disposed of. Statutory benefits be extended in accordance with law. 4.

Learned A.G.P. for the appellant-State submits that the amount, if any, as per the award passed by the reference court, will be deposited before this Court within six months from today. The amount if paid in excess be refunded to the appellant-State.

(K.C.Sant) (V.B. Mantri) ( V. K. Jadhav, J.) Advocate D.J.(Retd.) Head of the Panel Member Member Date: 14.07.2018 Place: Aurangabad sameer/