The State Of Mah Thr. Collector Latur And ANR v. Mahadu Bhimrao Waghmare

( 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 1 FIRST APPEAL NO.1082 OF 2016 THE STATE OF MAHARASHTRA AND OTHERS DARIBA TUKARAM KUNDGIR 2 FIRST APPEAL NO.1831 OF 2016 WITH FA/1832/2016 THE STATE OF MAHARASHTRA CHANDARRAO GOVINDRAO GARAD AND ANR 3 FIRST APPEAL NO.1894 OF 2016 WITH CA/12135/2015 IN FA/1894/2016 THE STATE OF MAHARASHTRA AND ANOTHER SHRIMANT NAGNATH BHOSALE 4 FIRST APPEAL NO.2223 OF 2016 THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS NAGORAO NIVRUTTI CHAVAN 5 FIRST APPEAL NO.2224 OF 2016 THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS BHAUSAHEB JOTIRAM CHAVAN 6 FIRST APPEAL NO.2225 OF 2016

( 2 ) THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS SANGRAM ARUN PATIL UNDER GUARD USHA 7 FIRST APPEAL NO.2226 OF 2016 THE EXECUTIVE ENIGNEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS MANIK RAMJI PATIL DIED LRS VILAS AND OTHERS 8 FIRST APPEAL NO.3316 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR GANGADHAR RAMRAO HASULE AND ORS 9 FIRST APPEAL NO.3318 OF 2016 WITH X-OBJ(ST)/24239/20 IN FA/3318/2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR JAYRAJ UDHAV HASULE, MINOR U/G UDHAV APPARAO HASULE 10 FIRST APPEAL NO.3319 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR UTTAM NIVRUTTI KALAME 11 FIRST APPEAL NO.3320 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR SHYAMRAO SADHU HASULE 12 FIRST APPEAL NO.3321 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR MATHURABAI MANIKRAO HASULE 13 FIRST APPEAL NO.3322 OF 2016

( 3 ) WITH X-OBJ(ST)/24238/20 IN FA/3322/2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR GANPAT VENKAT GEETE 14 FIRST APPEAL NO.3323 OF 2016 WITH X-OBJ(ST)/24240/20 IN FA/3323/2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR BASHAMIYA MEHEBUB DESHMUKH, DIED THR. L.RS. IKABALMIYA AND ANR 15 FIRST APPEAL NO.3547 OF 2016 THE STATE OF MAHARASHTRA AND OTHERS SUREKHA LAXMAN RONGE 16 FIRST APPEAL NO.4308 OF 2016 WITH CA/187/2011 IN FA/4308/2016 THE STATE OF MAHARASHTRA AND ANR SURESH RAJARAM KENDRE 17 FIRST APPEAL NO.2081 OF 2017 WITH FA/2082/2017 WITH CA/9248/2016 IN FA/2082/2017 WITH CA/9244/2016 IN FA/2081/2017 THE STATE OF MAHARASHTRA AND ORS UDHAV SURYABHAN SHINDE 18 FIRST APPEAL NO.3434 OF 2017 WITH CA/5084/2017 IN FA/3434/2017 THE STATE OF MAHARASHTRA AND ANR BHAGWAT VYANKATRAO MUSANE AND ORS

( 4 ) 19 CIVIL APPLICATION NO.10352 OF 2010 IN FAST/17261/2010 WITH CA/10353/2010 IN FAST/17261/2010 WITH CA/10348/2010 IN FAST/17272/2010 WITH CA/10349/2010 IN FAST/17272/2010 WITH CA/10350/2010 IN FAST/17276/2010 WITH CA/10351/2010 IN FAST/17276/2010 THE STATE OF MAHARASHTRA AND ANOTHERS MANOHAR MANIKRAO CHALWA AND ANOTHERS 20 CIVIL APPLICATION NO.6084 OF 2011 IN FAST/9752/2011 WITH CA/6085/2011 IN FAST/9752/2011 WITH CA/6082/2011 IN FAST/9817/2011 WITH CA/6083/2011 IN FAST/9817/2011 WITH CA/6080/2011 IN FAST/9822/2011 WITH CA/ 6081/2011 IN FAST/9822/2011 WITH CA/6086/2011 IN FAST/9825/2011 WITH CA/6087/2011 IN FAST/9825/2011 THE STATE OF MAH THR. COLLECTOR LATUR AND ANR JANARDHAN VAIJNATH WAGHMARE 21 CIVIL APPLICATION NO.

( 5 ) SHAIKH MAHETAB HAYATALI 22 CA/162/2012 IN FAST/25836/2011 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR SAKHUBAI DHONDIBA KALE 23 CIVIL APPLICATION NO.

243 OF 2012 IN FAST/31755/2011 WITH CA/244/2012 IN FAST/31755/2011 WITH CA/251/2012 IN FAST/31775/2011 WITH CA/245/2012 IN FAST/31774/2011 WITH CA/252/2012 IN FAST/31775/2011 WITH CA/246/2012 IN FAST/31774/2011 WITH CA/249/2012 IN FAST/31780/2011 WITH CA/247/2012 IN FAST/31781/2011 WITH CA/250/2012 IN FAST/31780/2011 WITH CA/248/2012 IN FAST/31781/2011 WITH CA/255/2012 IN FAST/31786/2011 WITH CA/256/2012 IN FAST/31786/2011 WITH CA/253/2012 IN FAST/31789/2011 WITH CA/254/2012 IN FAST/31789/2011 WITH CA/257/2012 IN FAST/31793/2011 WITH CA/258/2012 IN FAST/31793/2011 WITH CA/239/2012 IN FAST/31803/2011 WITH CA/240/2012 IN FAST/31803/2011 WITH CA/241/2012 IN FAST/31806/2011 WITH CA/242/2012 IN FAST/31806/2011 THE STATE OF MAHARSHTRA AND ORS NARSING BHIMRAO PHULGAT 25 CIVIL APPLICATION NO.

4633 OF 2012 IN FAST/7008/2012 WITH CA/4634/2012 IN FAST/7008/2012 THE STATE OF MAH THR COLLECTOR AND ANR BABURAO SAMBHAJI NILLA 27 CIVIL APPLICATION NO.

( 6 ) 10007/2012 WITH CA/11979/2012 IN FAST/10007/2012 WITH CA/11956/2012 IN FAST/10010/2012 WITH CA/11957/2012 IN FAST/ 10010/2012 WITH CA/11962/2012 IN FAST/10021/2012 WITH CA/11963/2012 IN FAST/10021/2012 WITH CA/11960/2012 IN FAST/ 10027/2012 WITH CA/11961/2012 IN FAST/10027/2012 WITH CA/11958/2012 IN FAST/10031/2012 WITH CA/11959/2012 IN FAST/ 10031/2012 WITH CA/11975/2012 IN FAST/10035/2012 THE STATE OF MAH AND ANR BHANUDAS MAROTI DHAVALE AND ORS 28 CIVIL APPLICATION NO.

111 OF 2014 IN FAST/30342/2013 WITH CA/107/2014 IN FAST/30254/2013 WITH CA/108/2014 IN FAST/30254/2013 WITH CA/117/2014 IN FAST/30333/2013 WITH CA/118/2014 IN FAST/30333/2013 WITH CA/115/2014 IN FAST/30336/2013 WITH CA/116/2014 IN FAST/30336/2013 WITH CA/113/2014 IN FAST/30339/2013 WITH CA/114/2014 IN FAST/30339/2013 WITH CA/112/2014 IN FAST/30342/2013 WITH CA/127/2014 IN FAST/30345/2013 WITH CA/128/2014 IN FAST/30345/2013 WITH CA/109/2014 IN FAST/30348/2013 WITH CA/110/2014 IN FAST/30348/2013 WITH CA/119/2014 IN FAST/30351/2013 WITH CA/120/2014 IN FAST/30351/2013 WITH CA/121/2014 IN FAST/30354/2013 WITH CA/122/2014 IN FAST/30354/2013 WITH CA/123/2014 IN FAST/30357/2013 WITH CA/124/2014 IN FAST/30357/2013 WITH CA/125/2014 IN FAST/30360/2013 WITH CA/126/2014 IN FAST/30360/2013 THE STATE OF MAHARASHTRA AND ANOTHER NUHNUBEE BASHIRKHAN PATHAN ...

Mr. A. M. Phule, APP for the petitioners in respective matters Mr. H. B. Nandgavale, Advocate h/f Mr. V. G. Sakolkar, Advocate for the respondent No.1 in respective matters Mr. Avinash Shridharrao Kamble, Sub-Divisional Officer is present

( 7 )

O R D E R

(30th APRIL, 2023) 1.

These appeals are placed before us in today's National Lok Adalat.

Civil Applications for delay:- 2.

Having regard to the reasons mentioned in the applications and as the parties have arrived at amicable settlement, it is desirable to condone the delay. The delay stands condoned. The civil applications for condonation of delay, if any stand allowed and disposed off. Office to register the appeals. First Appeals:- 1.

These matters are placed before us in today's National Lok-Adalat. Mr. Avinash Shridharrao Kamble, Sub-Divisional Officer, Latur is present.

2.

Mr. Phule, learned AGP submits that above numbered

( 8 ) groups of 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 groups of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals.

3.

The learned AGP 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.

4.

However, before disposing off the appeals, it is further 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 of six months in the concerned Reference Court. If

( 9 ) 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.

5.

There are cross appeals challenging the judgment and award seeking enhancement and challenging the impugned judgment and award to the extent of not enhancing the amount as prayed for. No order is necessary on the cross-objections. The parties are free to prosecute the same.

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.

( 10 ) 9.

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

[A. R. BORULKAR] [S. G. SHETE] [KISHORE C. SANT, J.] Advocate DJ (Retd.) Head of Panel Member Member VishalK/fa1082.16