State Of Maha And ANR v. Sopan Pandurang Shinde

1 Osmanabad.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'

BLE SHRI JUSTICE R. G. AVACHAT, J.

HELD ON 25th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 73 FIRST APPEAL NO.90 OF 2010 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

MALANBAI KRUSHNA KAMBLE L.RS. RAM KRUSHNA KAMBLE AND OTHERS ...

74 FIRST APPEAL NO.326 OF 2010 WITH CA/6093/2015 IN X-OBJST/2590/2014 WITH CA/1777/2009 IN FA/326/2010 THE STATE OF MAHARASHTRA AND ANOTHER

VERSUS

RIYAJ BABU PATEL AND ANOTHER ...

75 FIRST APPEAL NO.662 OF 2010 WITH FA/664/2010 WITH FA/663/2010 STATE OF MAHARASHTRA AND ANOTHER

VERSUS

SOPAN PANDURANG SHINDE ...

76 FIRST APPEAL NO.1061 OF 2010 WITH CA/1350/2009 IN FA/1061/2010 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

PRAKASH BHIMRAO HAWALE ...

77 FIRST APPEAL NO.1410 OF 2011 THE STATE OF MAHARASHTRA AND OTHERS

VERSUS

RAMANUJDAS BADRINARAYAN DAGA ...

A.G.P. for Appellants - State : Mr. A.M. Phule Advocate for respondents - claimants : Mr. M.P. Tripathi, Mr. P.R. Kadam, Mr. A.R. Kale, Mr. K.M. Loya Officers for appellant-acquiring body/State:Mr. Yogesh Kharmate, Sub-Divisional Officer, Osmanabad

2 Osmanabad.odt

O R D E R

These Appeals are placed before this Lok Adalat by the appellant - State. Learned A.G.P., concerned officer and learned counsel for the respondents - claimants are present.

2.

Mr. A.M. Phule, learned A.G.P. submitted that the above numbered groups of appeals is squarely covered by the Government Resolution No.Sankirna-2014/ Pra.Kra.4/ Bham-1/ A-4, dated 3rd November, 2016 with Government Corrigendum, dated 23rd February, 2017 and 13th August, 2018 to the said Government Resolution. In turn, these appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals. 3.

Learned A.G.P. submits that the entire amount in some of the appeals has been deposited and lateron withdrawn by the original claimants. It is further submitted that in view of withdrawal of amount, nothing survives in those appeals.

4.

It is informed by learned A.G.P. that in some other appeals the amount is yet to be deposited. Learned A.G.P. prays for one year' s duration for depositing the amount, either before this Court or the concerned reference Court.

5.

Said request is accepted. The State shall deposit the amount either before this Court or reference Court, preferably within a period of one year from today, failing which the claimants are entitled to execute the awards as permissible in law by claiming interest and other monetary benefits.

3 Osmanabad.odt 6.

Before disposing the appeals, it is clarified that if any amount is still in deposit with this Court, the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount with accrued interest thereon to the original claimants on their application. The claimants are permitted to make the application before the reference Court for withdrawal of said amount. 7.

These First Appeals stand disposed of as withdrawn. No order as to costs.

8.

The Civil Application/s, if any, except the application to bring on record legal heirs and the cross objections, stand/s disposed of. 9.

Issue full Court fee refund certificate.

( S.P. Brahme ) ( S.G. Shete ) ( R. G. AVACHAT, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

RRD/SSD