The State Of Mah Thr. Collector Obad v. Ghadhubhai Supansaheb Choudhari And ANR

2025:BHC-AUG:21231 1 901-CA 10858-2012.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10858 OF 2012 IN FAST/19688/2012 Shivaji Narsing Ingale (Died) Through L.Rs. Vanmala Shivajirao Ingale And Others CIVIL APPLICATION NO. 10859 OF 2012 IN FAST/19688/2012 Shivaji Narsing Ingale (Died) Through L.Rs. Vanmala Shivajirao Ingale And Others FIRST APPEAL (STAMP) NO. 19688 OF 2012 Shivaji Narsing Ingale (Died) Through L.Rs. Vanmala Shivajirao Ingale And Others

2 901-CA 10858-2012.odt CIVIL APPLICATION NO. 10864 OF 2012 IN FAST/19692/2012 Kedarnath Bhairavanath Jadhav (Died) Through L.Rs. Bapunath Kedarnath Jadhav And another CIVIL APPLICATION NO. 10865 OF 2012 IN FAST/19692/2012 Kedarnath Bhairavanath Jadhav (Died) Through L.Rs. Bapunath Kedarnath Jadhav And another FIRST APPEAL (STAMP) NO. 19692 OF 2012 Kedarnath Bhairavanath Jadhav (Died) Through L.Rs. Bapunath Kedarnath Jadhav And another

3 901-CA 10858-2012.odt CIVIL APPLICATION NO. 10866 OF 2012 IN FAST/19696/2012 Shivmurti Ram Dupargude And another CIVIL APPLICATION NO. 10867 OF 2012 IN FAST/19696/2012 Shivmurti Ram Dupargude And another FIRST APPEAL (STAMP) NO. 19696 OF 2012 Shivmurti Ram Dupargude And another CIVIL APPLICATION NO. 10860 OF 2012 IN FAST/19701/2012

4 901-CA 10858-2012.odt Gulab Bagal Inamadar (Died) Through his L.Rs.

Bapunath Kedarnath Jadhav And another CIVIL APPLICATION NO. 10861 OF 2012 IN FAST/19701/2012 Gulab Bagal Inamadar (Died) Through his L.Rs.

Bapunath Kedarnath Jadhav And another FIRST APPEAL (STAMP) NO. 19701 OF 2012 Gulab Bagal Inamadar (Died) Through his L.Rs.

Bapunath Kedarnath Jadhav And another CIVIL APPLICATION NO. 10862 OF 2012 IN FAST/19705/2012

5 901-CA 10858-2012.odt Ghadhubhai Supansaheb Choudhari And another CIVIL APPLICATION NO. 10863 OF 2012 IN FAST/19705/2012 Ghadhubhai Supansaheb Choudhari And another FIRST APPEAL (STAMP) NO. 19705 OF 2012 Ghadhubhai Supansaheb Choudhari And another Mr. S. B. Jadhav, AGP for the Applicant/Appellant in all matters. CORAM : KISHORE C. SANT, J.

DATE : 06th AUGUST, 2025.

PER COURT :- .

Heard the parties.

2.

These applications are listed for condonation of delay. In some of the applications respondent No. 1 is reported to be dead. In some of the applications the report of service of notice is not

6 901-CA 10858-2012.odt received.

3.

The learned A.G.P., however, submits that, in all these appeals the amount of enhancement is less than four times of the amount awarded by the learned S.L.A.O. The learned S.L.AO. had awarded rate of Rs. 11591/- per Acre. The same is enhanced to Rs. 32,000/- per Acre by way of common judgment and order dated 22.03.2011 by the learned 2nd Joint C.J.S.D., Osmanabad. 4.

Considering the decision of the Government dated 03.11.2016 and corrigendum dated 23.02.2017 this Court finds that, the matters can be conveniently disposed of. By way of the said decision the Government has decided not to file appeals where the amount of enhancement is less than four times of the award by the learned S.L.A.O. In the present appeals, the said decision is squarely applicable. Therefore, the civil applications for delay are allowed. Delay stands condoned. The appeals are taken up immediately.

5.

In view of the above observations, nothing survives in the appeals. The first appeals also stand disposed of.

7 901-CA 10858-2012.odt 6.

The civil applications for delay as well as civil applications for stay also stand disposed of.

( KISHORE C. SANT, J. ) P.S.B.