The State Of Maharashtra v. Kishaabai Baburao Jadhav

1 Latur.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 59 FIRST APPEAL NO.1932 OF 2009 WITH FA/1933/2009 WITH FA/1934/2009 THE STATE OF MAHARASHTRA AND ANOTHER BABURAO RAOJI BIRAJDAR 60 FIRST APPEAL NO.1941 OF 2009 WITH FA/1936/2009 WITH FA/1937/2009 WITH FA/1939/2009 WITH FA/1973/2009 WITH CA/10797/2008 IN FA/1973/2009 WITH FA/1943/2009 WITH FA/1944/2009 THE STATE OF MAHARASHTRA KISHAABAI BABURAO JADHAV 61 FIRST APPEAL NO.2049 OF 2009 THE STATE OF MAHARASHTRA AND ANOTHER SHIVAJI SAMARTH PATIL 62 FIRST APPEAL NO.2276 OF 2009 WITH FA/2272/2009 WITH FA/2274/2009 WITH FA/2275/2009 WITH FA/2273/2009 WITH FA/2277/2009 WITH FA/2284/2009 THE STATE OF MAHARASHTRA AND OTHERS GANPATRAO SAMBHAJI HADOKLE 63 FIRST APPEAL NO.2966 OF 2009 THE STATE OF MAHARASHTRA BABU GANPATRAO SALVE 64 FIRST APPEAL NO.2998 OF 2009 THE STATE OF MAHARASHTRA AND OTHERS PANDU MANAJI SIRSAT

2 Latur.odt 65 FIRST APPEAL NO.2999 OF 2009 THE STATE OF MAHARASHTRA AND OTHERS CHANDRAKANT NIVRATII SIRSAT AND ANOTHER 66 FIRST APPEAL NO.3017 OF 2009 STATE OF MAHARASHTRA THR COLLECTOR LATUR VASANT SAMBHAJI SALVE 67 FIRST APPEAL NO.3034 OF 2009 WITH FA/1445/2016 WITH FA/1462/2016 WITH FA/2040/2015 WITH FA/2684/2009 WITH FA/3016/2009 STATE OF MAHARASHTRA PUNDLIK BALIRAM CHAVAN 68 FIRST APPEAL NO.33 OF 2010 WITH FA/34/2010 WITH FA/35/2010 WITH FA/37/2010 WITH FA/36/2010 THE STATE OF MAHARASHTRA AND OTHERS LALU LAXMAN PAWAR AND ANOTHER 69 FIRST APPEAL NO.64 OF 2010 WITH FA/65/2010 WITH FA/66/2010 WITH FA/67/2010 WITH FA/68/2010 WITH FA/69/2010 WITH FA/70/2010 THE STATE OF MAHARASHTRA AND OTHERS KAMALBAI GANGADHAR GAIKWAD 70 FIRST APPEAL NO.282 OF 2010 WITH FA/283/2010 WITH FA/284/2010 WITH FA/285/2010 THE STATE OF MAHARASHTRA MACHINDRA GUNDAJI CHIMANDARE AND ANOTHER 71 FIRST APPEAL NO.330 OF 2010 WITH FA/331/2010 WITH FA/332/2010 WITH FA/334/2010 WITH FA/333/2010 STATE OF MAHARASHTRA DATTU PANDA MANE

3 Latur.odt 72 FIRST APPEAL NO.703 OF 2010 WITH FA/702/2010 THE STATE OF MAHARASHTRA AND ANOTHER JEEVAN HARISHCHANDRA PATIL ...

A.G.P. for Appellants - State : Mr. A.M. Phule Advocate for respondents - claimants : Mr. S.S. Manale, Mr. H.B. Nandagavale h/f Mr. V.G. Sakolkar, Mr. A.V. Hon i/b Mr. V.D. Hon, Mr. A.B. Kale, Mr. V.B. Patil, Mr. Sanjay Mudhe, Mr. S.S. Chapalgaonkar, Mr. B.K. Pawar, Mr. S.B. Bhapkar Officers for appellant - acquiring body / State : Dr. Mr. Arvind Lokhande, Additional Collector, Latur and Mr. Pravin Phulari, Sub-Divisional Officer, Ahmedpur, Dist. Latur

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.

4 Latur.odt 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.

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