The State Of Maharashtra And Another v. Devidas Namdeo Chaudhari

2025:BHC-AUG:26207 1 7-CA 7344-2013.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7344 OF 2013 IN FAST/11079/2013 The State Of Maharashtra And Another .. Applicants

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Devidas Namdeo Chaudhari .. Respondent WITH FIRST APPEAL (STAMP) NO. 11079 OF 2013 The State Of Maharashtra And Another .. Appellants

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Devidas Namdeo Chaudhari .. Respondent WITH CIVIL APPLICATION NO. 7345 OF 2013 IN FAST/11079/2013 The State Of Maharashtra And Another .. Applicants

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Devidas Namdeo Chaudhari .. Respondent Smt. R. R. Tandale, AGP for the Appellants/Applicants. CORAM : KISHORE C. SANT, J.

DATE : 23rd SEPTEMBER, 2025.

PER COURT :- .

Civil Application No. 7344/2013 is filed seeking condonation of delay of 1938 days caused in filing the first appeal

2 7-CA 7344-2013.odt by the State Government. An order under challenge is an order passed by the learned Ad-hoc District Judge - 1, Amalner in L.A.R. No. 603/1993. The State has not taken steps as against unserved respondent and therefore, the application is on board. 2.

The learned A.G.P. submits that, the land of the claimant came to be acquired for the project of Minor Distribution System of Hatnur Dam admeasuring 64 R. The learned S.L.A.O. awarded rate of Rs. 240/- per R. The learned Reference Court has enhanced the said rate to Rs. 666/- per R.

3.

It is seen that, the rate awarded is less than four times of the rate awarded by the learned S.L.A.O. Considering the policy of the Government by Government Resolution dated 03.11.2016 and corrigendum dated 23.02.2017 this Court finds that, keeping the application and appeal pending would be of no use. Therefore, this Court dismisses the civil application. Consequently, the first appeal stands dismissed.

4.

In view of disposal of the first appeal, Civil Application No. 7345/2013 does not survive and the same is also dismissed. ( KISHORE C. SANT, J. ) P.S.B.