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Bombay High CourtFA/3668/2017disposed off

G.M.I.D.C. Ltd. Thr Executive Engineer, Minor Irrigation Osmanabad - Division v. Ramhari Mahadeo Bhong And ANR

2023-04-30Lok Adalat3 pages

( 1 )

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30.04.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD FIRST APPEAL NO.3668 OF 2017 GMIDC LTD THE EXECUTIVE ENGINEER, MINOR IRRIGATION OSMANABAD DIVISION VS RAMHARI MAHADEO BHONG AND ANR AND FIRST APPEAL NO.3669 OF 2017 GMIDC LTD THE EXECUTIVE ENGINEER, MINOR IRRIGATION OSMANABAD DIVISION VS YOURAJ SADHUBHONG AND ANR ...

Mr. Rahul A. Tambe, Advocate for the appellants Mr. V. G. Kodale, Advocate h/f Mr. B. N. Patil, Advocate for the respondent No.1 Mr. Girish Tanaji Bansode, Sub-Divisional Engineer Minor Irrigation Sub Div. No. 1, Osmanabad is present Mr. A. M. Phule, AGP for the respondents/State

O R D E R

(30th APRIL, 2023) 1.

Not on board. Taken on board.

2.

These matters are placed before us in today'

s National Lok-Adalat.

( 2 ) 3.

Learned advocate for the appellants submits that above numbered appeals are squarely covered by Government Resolution No. Sankirna-2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government Corrigendum dated 23-02-2017 and 13-08-2018 to the said Government Resolution. Hence, the appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the learned advocate for the appellants is withdrawing these appeals.

4.

The learned advocate for the appellants states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this court. He submits that in these circumstances nothing survives in these appeals. 5.

However, before disposing off the appeals, it is clarified that in case the amount is not deposited as per the award, the State Government undertakes to deposit the said amount within a period

( 3 ) of six months in the concerned Reference Court. If the amount is not withdrawn by the claimants/respondents, same is allowed to be withdrawn and office to allow withdrawal. If the said amount is not deposited, they are at liberty to withdraw the same after the amount is deposited.

6.

The first appeals stand disposed off as withdrawn. 7.

No order as to costs.

8.

The court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. 9.

In view of withdrawal of these appeals, pending civil applications, if any stand disposed off.

[A. R. BORULKAR] Advocate Member [S. G. SHETE] DJ (Retd.) Member [KISHORE C. SANT, J.] Head of Panel VishalK/fa3668.17