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Bombay High CourtCA/3122/2020admittedallowedgrantedrule absolute

The State Of Maharashtra And ANR v. Jyoti Kiran Mantri

2025-04-23Hon'Ble Shri Justice Neeraj P. Dhote4 pages

2025:BHC-AUG:11866

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 912 CIVIL APPLICATION NO. 4594 OF 2025 IN FAST/7608/2020 Kiran Laxminarayan Mantri ....Applicant

VERSUS

The State Of Maharashtra And Anr.

.....Respondents WITH CIVIL APPLICATION NO. 4595 OF 2025 IN FAST/7715/2020 Jyoti Kiran Mantri .....Applicant

VERSUS

The State Of Maharashtra And Anr.

.....Respondents .....

Mr. Adgaonkar Ravibhushan P, Advocate for Applicant/s Mr. Rajdeep D. Raut, AGP for the Respondents - State .....

AND CIVIL APPLICATION NO. 3120 OF 2020 IN FAST/7608/2020 The State Of Maharashtra And Anr.

.....Applicants

VERSUS

Kiran Laxminarayan Mantri .....Respondent WITH CIVIL APPLICATION NO. 3122 OF 2020 IN FAST/7715/2020 The State of Maharashtra And Anr.

.....Applicants

VERSUS

Jyoti Kiran Mantri .....Respondent .....

Mr. Rajdeep D. Raut, AGP for the Applicants - State Mr. Adgaonkar Ravibhushan P., Advocate for the Respondent/s ....

AND CIVIL APPLICATION NO. 3121 OF 2020 IN FAST/7608/2020 The State of Maharashtra And Anr.

.....Applicants

VERSUS

Kiran Laxminarayan Mantri .....Respondent

....

WITH CIVIL APPLICATION NO. 3123 OF 2020 IN FAST/7715/2020 The State of Maharashtra And Anr.

.....Applicants

VERSUS

Jyoti Kiran Mantri .....Respondent .....

Mr. Rajdeep D. Raut, AGP for the Applicants - State Mr. Adgaonkar Ravibhushan P., Advocate for the Respondent/s .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

23.04.2025 PER COURT :

[I] ORDER IN CIVIL APPLICATION NO.3120/2020 :

1.

This is the Application for condonation of 2548 days delay in preferring the Appeals by the State against the Judgment and Award dated 29/11/2012, passed by the learned 3rd Joint Civil Judge, Senior Division, Latur, in L.A.R. No.36/2009. Issue notice to the Respondents. The learned Advocate waives service of notice for the Respondents. For the reasons mentioned in the Application, the aforesaid delay is condoned and the Application is allowed in terms of Prayer Clause - 'B'. Civil Application stands disposed off accordingly. [II] ORDER IN CIVIL APPLICATION NO.3122/2020 :

1.

This is the Application for condonation of 2550 days delay in preferring the Appeals by the State against the Judgment and Award dated 29/11/2012, passed by the learned 3rd Joint Civil Judge, Senior Division, Latur, in L.A.R. No.35/2009.

Issue notice to the Respondents. The learned Advocate waives service of notice for the Respondents. For the reasons mentioned in the Application, the aforesaid delay is condoned and the Application is allowed in terms of Prayer Clause - 'B'. Civil Application stands disposed off accordingly. [III] ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT : 1.

These Applications by the Original Claimants, who are the Respondents in the Appeal, are for withdrawal of the amount deposited by the Appellants in this Court along with interest accrued thereon.

Heard the learned Advocate for the Applicants and the learned AGP for the Respondents - State.

The Special Land Acquisition Offcer [SLAO] determined rate of Rs.560/- per R. and the learned Reference Court enhanced the same for Rs.3,225/- per R. According to both the sides, the hike is upto six [6] times. Considering this, the Applicants are permitted to withdraw 75% of the amount on furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. The remaining amount be deposited in FDR in any Nationalized Bank on yearly basis, till the Appeal is fnally decided. 4.

Civil Applications stand disposed off accordingly. [IV] ORDER IN CIVIL APPLICATIONS FOR STAY :- 1.

These are the Applications for stay to the effect and operation of the impugned Judgment and Award dated 29/11/2012, passed by the learned 3rd Joint Civil Judge, Senior Division, Latur, in L.A.R. Nos.35/2009 and L.A.R No.36/2009.

Heard both the sides.

The Appellant - Applicant has deposited the entire amount in this Court. Hence, these Applications for stay are allowed in terms of Prayer Clause - 'B'. Civil Applications stand disposed off accordingly.

[NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 25/04/2025 10:34:21