The State Of Mah Thr. Collector Latur And ANR v. Vithal Bhaurao Jadhav

2023:BHC-AUG:26373

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE SHAILESH P. BRAHME HELD ON 9TH DECEMBER, 2023.

AT THE HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AURANGABAD 1 FIRST APPEAL NO.3218 OF 2016 JALBA ARJUN KALE 2 FIRST APPEAL NO.3220 OF 2016 PRALHAD VITTHAL KALE 3 FIRST APPEAL NO.3364 OF 2016 WITH X-OBJ(ST)/24570/20 IN FA/3364/2016 ROHIDAS VITTHAL KALE 4 FIRST APPEAL NO.3365 OF 2016 WITH X-OBJ(ST)/24577/20 IN FA/3365/2016 UDHAV GOVIND KALE 5 FIRST APPEAL NO.3366 OF 2016 WITH X-OBJ(ST)/24569/20 IN FA/3366/2016 DEVIDAS VITTHAL KALE 6 FIRST APPEAL NO.3367 OF 2016 WITH X-OBJ(ST)/24568/20 IN FA/3367/2016 SUDHAKAR GOVIND KALE 7 FIRST APPEAL NO.3368 OF 2016 WITH X-OBJ(ST)/24576/20 IN FA/3368/2016

VITTHAL SHRAWAN KALE 8 FIRST APPEAL NO.150 OF 2017 WITH X-OBJ(ST)/1889/201 IN FA/150/2017 RAMRAO APPARAO KULKARNI 9 FIRST APPEAL NO.151 OF 2017 WITH X-OBJ(ST)/1888/201 IN FA/151/2017 SHANKARRAO APPARAO KULKARNI 10 CIVIL APPLICATION NO.966 OF 2009 IN RC/1329/2003 THE STATE OF MAHARASHTRA RAM SAMBHAJI BHOSALE 13 CIVIL APPLICATION NO.11277 OF 2011 IN FIRST APPEAL (ST.) NO.16685/2011 WITH CIVIL APPLICATION NO.11274/2011 IN FIRST APPEAL (ST.) NO.16666/2011 WITH CIVIL APPLICATION NO.11271/2011 IN FIRST APPEAL (ST.) NO.16678/2011 WITH CIVIL APPLICATION NO.11272/2011 IN FIRST APPEAL (ST.) NO.16678/2011 WITH CIVIL APPLICATION NO.11275/2011 IN FIRST APPEAL (ST.) NO.16681/2011 WITH CIVIL APPLICATION NO.11276/2011 IN FIRST APPEAL (ST.) NO.16681/2011 WITH CIVIL APPLICATION NO.11278/2011 IN FIRST APPEAL (ST.) NO.16685/2011 WITH CIVIL APPLICATION NO.

11279/2011 IN FIRST APPEAL (ST.) NO.16689/2011 WITH CIVIL APPLICATION NO.11280/2011 IN FIRST APPEAL (ST.) NO.16689/2011 WITH CIVIL APPLICATION NO.11269/2011 IN FIRST APPEAL (ST.) NO.16692/2011 WITH CIVIL APPLICATION NO.11270/2011 IN FIRST APPEAL (ST.) NO.16692/2011 THE STATE OF MAHARSHTRA AND ANR MADHUKAR SHANKARRAO MOHITE 14 CIVIL APPLICATION NO.11449 OF 2011 IN FIRST APPEAL (ST.) NO.16131/2011 WITH CIVIL APPLICATION NO.11450/2011 IN FIRST APPEAL (ST.) NO.16131/2011 WITH CIVIL APPLICATION NO.11451/2011 IN FIRST APPEAL (ST.) NO.16135/2011 WITH CIVIL APPLICATION NO.11452/2011 IN FIRST APPEAL (ST.) NO.

VITHAL BHAURAO JADHAV 15 CIVIL APPLICATION NO.12756 OF 2011 IN FIRST APPEAL (ST.) NO.23698/2011 WITH CIVIL APPLICATION NO.12757/2011 IN FIRST APPEAL (ST.) NO.23698/2011 RAMESH MADHAVRAO PATIL AND ORS 16 CIVIL APPLICATION NO.12981 OF 2011 IN FIRST APPEAL (ST.) NO.23700/2011 WITH CIVIL APPLICATION NO.12982/2011 IN FIRST APPEAL (ST.) NO.23700/2011 THE STATE OF MAHARASHTRA THR. COLLECTOR, LATUR AND ANR ANANT NARSING KADAM AND ANR 17 CIVIL APPLICATION NO.13817 OF 2011 IN FIRST APPEAL (ST.) NO.25473/2011 GOVIND SHRAWAN KALE 18 CIVIL APPLICATION NO.1935 OF 2013 IN FIRST APPEAL (ST.) NO.33619/2012 WITH CIVIL APPLICATION NO.1936/2013 IN FIRST APPEAL (ST.) NO.33619/2012 KONDIRAM HANMANTRAO NARHARE 19 CIVIL APPLICATION NO.2780 OF 2013 IN FIRST APPEAL (ST.) NO.1071/2013 WITH CIVIL APPLICATION NO.2781/2013 IN FIRST APPEAL (ST.) NO.1071/2013 THE STATE OF MAHARASHTRA AND ORS MANIK GUNAJI DAHIPHALE, DIED THR. L.RS. MANJULABAI AND ORS 20 CIVIL APPLICATION NO.2786 OF 2013 IN FIRST APPEAL (ST.) NO.1074/2013 WITH CIVIL APPLICATION NO.2787/2013 IN FIRST APPEAL (ST.) NO.1074/2013

JANARDHAN GUNAJI DAHIPHALE, DIED THR. L.R. SUJANBAI 22 CIVIL APPLICATION NO.3531 OF 2013 IN FIRST APPEAL (ST.) NO.1987/2013 WITH CIVIL APPLICATION NO.3533/2013 IN FIRST APPEAL (ST.) NO.1917/2013 WITH CIVIL APPLICATION NO.3534/2013 IN FIRST APPEAL (ST.) NO.1917/2013 WITH CIVIL APPLICATION NO.3529/2013 IN FIRST APPEAL (ST.) NO.1979/2013 WITH CIVIL APPLICATION NO.3530/2013 IN FIRST APPEAL (ST.) NO.1979/2013 WITH CIVIL APPLICATION NO.3527/2013 IN FIRST APPEAL (ST.) NO.1983/2013 WITH CIVIL APPLICATION NO.3528/2013 IN FIRST APPEAL (ST.) NO.1983/2013 WITH CIVIL APPLICATION NO.3532/2013 IN FIRST APPEAL (ST.) NO.1987/2013 THE STATE OF MAHARASHTRA AND ORS LAXMAN NARU PAWAR AND ANR 23 CIVIL APPLICATION NO.3668 OF 2013 IN FIRST APPEAL (ST.) NO.1994/2013 WITH CIVIL APPLICATION NO.3670/2013 IN FIRST APPEAL (ST.) NO.1920/2013 WITH CIVIL APPLICATION NO.

3671/2013 IN FIRST APPEAL (ST.) NO.1920/2013 WITH CIVIL APPLICATION NO.3669/2013 IN FIRST APPEAL (ST.) NO.1994/2013 THE STATE OF MAHARASHTRA AND ORS PRALHAD TUKARAM BOMBADE 24 CIVIL APPLICATION NO.5954 OF 2013 IN FIRST APPEAL (ST.) NO.5874/2013 WITH CIVIL APPLICATION NO.5955/2013 IN FIRST APPEAL (ST.) NO.5874/2013 WITH CIVIL APPLICATION NO.5956/2013 IN FIRST APPEAL (ST.) NO.5934/2013 WITH CIVIL APPLICATION NO.5957/2013 IN FIRST APPEAL (ST.) NO.5934/2013 THE STATE OF MAHARASHTRA AND ANOTHER YASHWANT NAGORAO BHOSALE AND ANOTHER 25 CIVIL APPLICATION NO.8244 OF 2013 IN FIRST APPEAL (ST.) NO.16109/2013 WITH CIVIL APPLICATION NO.8245/2013 IN FIRST APPEAL (ST.) NO.16109/2013 THE STATE OF MAHARASHTRA AND ANOTHER DHONDIBA LINGRAM MANE 26 CIVIL APPLICATION NO.10175 OF 2013 IN FIRST APPEAL (ST.) NO.18679/2013 WITH CIVIL APPLICATION NO.

IN FIRST APPEAL (ST.) NO.18679/2013 THE STATE OF MAHARASHTRA AND OTHERS BALIRAM GANPATI SURYAWANSHI 27 CIVIL APPLICATION NO.11054 OF 2013 IN FIRST APPEAL (ST.) NO.21278/2013 WITH CIVIL APPLICATION NO.11057/2013 IN FIRST APPEAL (ST.) NO.21272/2013 WITH CIVIL APPLICATION NO.11056/2013 IN FIRST APPEAL (ST.) NO.21272/2013 WITH CIVIL APPLICATION NO.11055/2013 IN FIRST APPEAL (ST.) NO.21278/2013 THE STATE OF MAHARASHTRA AND ANOTHER BASWANT KONDIBA DIED LRS BHAGABAI BASWANT BIRAJDAR 28 CIVIL APPLICATION NO.4643 OF 2014 IN FIRST APPEAL (ST.) NO.7069/2014 WITH CIVIL APPLICATION NO.4641/2014 IN FIRST APPEAL (ST.) NO.7007/2014 WITH CIVIL APPLICATION NO.4645/2014 IN FIRST APPEAL (ST.) NO.7051/2014 WITH CIVIL APPLICATION NO.4653/2014 IN FIRST APPEAL (ST.) NO.7056/2014 WITH CIVIL APPLICATION NO.4651/2014 IN FIRST APPEAL (ST.) NO.

7060/2014 WITH CIVIL APPLICATION NO.4649/2014 IN FIRST APPEAL (ST.) NO.7064/2014 WITH CIVIL APPLICATION NO.4647/2014 IN FIRST APPEAL (ST.) NO.7075/2014 THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANOTHER GOVIND DEORAO KENDRE 29 CIVIL APPLICATION NO.6505 OF 2014 IN FIRST APPEAL (ST.) NO.7674/2014 WITH CIVIL APPLICATION NO.6506/2014 IN FIRST APPEAL (ST.) NO.7674/2014 WITH CIVIL APPLICATION NO.6507/2014 IN FIRST APPEAL (ST.) NO.7677/2014 WITH CIVIL APPLICATION NO.6508/2014 IN FIRST APPEAL (ST.) NO.7677/2014 WITH CIVIL APPLICATION NO.6509/2014 IN FIRST APPEAL (ST.) NO.7683/2014 WITH CIVIL APPLICATION NO.6510/2014 IN FIRST APPEAL (ST.) NO.7683/2014 WITH CIVIL APPLICATION NO.6511/2014 IN FIRST APPEAL (ST.) NO.7686/2014 WITH CIVIL APPLICATION NO.6512/2014 IN FIRST APPEAL (ST.) NO.7686/2014 WITH CIVIL APPLICATION NO.

6513/2014 IN FIRST APPEAL (ST.) NO.7697/2014 WITH CIVIL APPLICATION NO.6514/2014 IN FIRST APPEAL (ST.) NO.7697/2014 WITH CIVIL APPLICATION NO.6515/2014 IN FIRST APPEAL (ST.) NO.7701/2014 WITH CIVIL APPLICATION NO.6516/2014 IN FIRST APPEAL (ST.) NO.7701/2014 THE STATE OF MAHARASHTRA AND ANOTHER BHAGWAT LIMBAJI SURYAWANSHI 30 CIVIL APPLICATION NO.

IN FIRST APPEAL (ST.) NO.7658/2014 WITH CIVIL APPLICATION NO.6518/2014 IN FIRST APPEAL (ST.) NO.7658/2014 THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANOTHER BHAIRU VISHNU SURYAWANSHI 31 CIVIL APPLICATION NO.11837 OF 2014 IN FIRST APPEAL (ST.) NO.27224/2014 WITH CIVIL APPLICATION NO.11838/2014 IN FIRST APPEAL (ST.) NO.27224/2014 WITH CIVIL APPLICATION NO.11845/2014 IN FIRST APPEAL (ST.) NO.27300/2014 WITH CIVIL APPLICATION NO.11846/2014 IN FIRST APPEAL (ST.) NO.27300/2014 WITH CIVIL APPLICATION NO.11839/2014 IN FIRST APPEAL (ST.) NO.27303/2014 WITH CIVIL APPLICATION NO.11840/2014 IN FIRST APPEAL (ST.) NO.27303/2014 WITH CIVIL APPLICATION NO.11841/2014 IN FIRST APPEAL (ST.) NO.27311/2014 WITH CIVIL APPLICATION NO.11842/2014 IN FIRST APPEAL (ST.) NO.27311/2014 WITH CIVIL APPLICATION NO.11843/2014 IN FIRST APPEAL (ST.) NO.

27314/2014 WITH CIVIL APPLICATION NO.11844/2014 IN FIRST APPEAL (ST.) NO.27314/2014 THE STATE OF MAHARASHTRA AND OTHERS BALAJI BABURAO JADHAV AND OTHERS 32 CIVIL APPLICATION NO.103 OF 2015 IN FIRST APPEAL (ST.) NO.18514/2014 WITH CIVIL APPLICATION NO.101/2015 IN FIRST APPEAL (ST.) NO.18685/2014 WITH CIVIL APPLICATION NO.97/2015 IN FIRST APPEAL (ST.) NO.18689/2014 WITH CIVIL APPLICATION NO.99/2015 IN FIRST APPEAL (ST.) NO.18733/2014 THE STATE OF MAHARASHTRA AND ANOTHER MANOJ BABURAO PHAD 33 CIVIL APPLICATION NO.16608 OF 2015 IN FIRST APPEAL (ST.) NO.35319/2015 WITH CIVIL APPLICATION NO.16609/2015 IN FIRST APPEAL (ST.) NO.35319/2015 THE STATE OF MAHARASHTRA AND ANOTHER MEER USMANALI BAHADURALI AND ANOTHER 34 CIVIL APPLICATION NO.4941 OF 2016 IN FIRST APPEAL (ST.) NO.

920 FIRST APPEAL NO.3370 OF 2016 GOPINATH SHRAWAN KALE ...

Mr. P. S. Patil, AGP, Advocate for Appellants State Mr. H. B. Nandagavale h/for Mr. V.G. Sakolkar, Advocate for the Respondents/ Claimants in matters at Sr. Nos. 1 to 9, 17,18, 28, 31 and 920, Mr. Pravin Phulari, Sub Divisional Officer, Ahmedpur, present on behalf of the Acquiring Body.

O R D E R 1.

Mr. P. S. Patil, the learned AGP for Appellants State, Mr. Pravin Phulari, Sub Divisional Officer, Ahmedpur, present on behalf of the Acquiring Body and Mr. H. B. Nandagavale h/for Mr. V.G. Sakolkar, the learned Advocate for the Respondents/ Claimants in matters at Sr. Nos. 1 to 9, 17,18, 28, 31 and 920, are present today before the Lok Adala t.

2.

On instructions, the learned AGP submits that these appeals are covered by the Government Resolution dated 03.11.2016 read with subsequent corrigendum dated 23.02.2017 and 13.08.2018. The Appellant-Acquiring Body seeks to withdraw the appeals in view of the said Government Resolution/policy. 3.

As the matters are covered by the Government Resolution/Policy and can be permitted to withdraw, it is desirable to condone the delay. For the reasons stated in the applications, the delay is condoned. The office is directed to register the first appeals.

4.

In view of the Government Resolution cited above, all the first appeals are

disposed of as withdrawn. The X-objections to proceed further in accordance with law.

5.

The Respondents/claimants shall be at liberty to withdraw the amount deposited in this Court alongwith accrued interest. 6.

Court fees be refunded as per Rules.

7.

Award be drawn accordingly.

8.

Pending Civil Applications also stand disposed of. (A. R. BORULKAR) Advocate Member (S. G. SHETE ) District Judge (Retd.) Member ( SHAILESH P. BRAHME, J. ) Head of the Panel Date: 09.12.2023 Place: Aurangabad JPChavan