Dinkar Limbraj Patil v. The Ex. Engineer, Latur Minor Irrigation Division, Latur And ORS

1 920CA4574.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

920 CIVIL APPLICATION NO. 4574 OF 2025 IN FA/2913/2019 Dinkar Limbraj Patil

VERSUS

The Ex. Engineer, Latur Minor Irrigation Division, Latur And Ors ...

Mr. P. P. More - Advocate for Applicant Mr. R. B. Dhaware - AGP for Respondent/State ...

AND 921 CIVIL APPLICATION NO. 4575 OF 2025 IN FA/2914/2019 Vinod Dinkar Patil

VERSUS

The Ex. Engineer, Latur Minor Irrigation (l.m.i) Division Latur And Ors ...

Mr. P. P. More - Advocate for Applicant Mr. R. D. Raut - AGP for Respondent/State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 22ND APRIL 2025 PER COURT : - 1.

These are the Applications filed by the original Claimants in the Appeals filed by the Acquiring Body, which have been disposed off in the Lokadalat, for releasing the Charge created on the property, pursuant to the order dated 23rd October, 2020 passed by this Court in Civil Application No. 6723 of 2020 in First Appeal No. 2913 of 2019 and Civil Application No. 6721 of 2020 in First Appeal No. 2914 of 2019, respectively.

SG Punde

2 920CA4574.2025.odt 2.

Learned Advocate for the Applicants submits that the Appeals, which were preferred by the Acquiring Body, were placed before the National Lokadalat held on 30th November, 2024, wherein the Appeals came to be disposed off by order enclosed with this Application at Exh. "A-2". He submits that the Applicants have already withdrawn the amount which was deposited by the Acquiring Body and since the Charge is created in the relevant Revenue Records pursuant to the orders of this Court at the time of withdrawal of amount, the concerned Authority / Respondents would require an order for releasing the charge on the said property.

3.

Learned AGP for the State submits that the appropriate orders be passed.

4.

The contention of the learned Advocate for the Applicants finds support from the papers on record. On inquiry with the office, it is pointed out that there is an endorsement on Farad Sheet of the Appeals showing that the concerned Revenue Officer was intimated to create Charge on the property. In view of this undisputed position, the Charge created on the concerned property pursuant to the order dated 23rd October, 2020 as referred to above, needs to be discharged. 5.

In view application of the above, both the Applications stand allowed in terms of prayer clause 'B' thereof. 6.

Applications stand disposed off.

[NEERAJ P. DHOTE] JUDGE Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 25/04/2025 15:26:58 SG Punde