Karbhari Laxman Korbarne And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 CONTEMPT PETITION NO.93 OF 2013 IN WP/63/2006 WITH CP/94/2013 IN WP/8184/2005 WITH CP/109/2013 IN WP/3955/2010 WITH CA/3445/2015 IN CP/94/2013 WITH CA/3444/2015 IN CP/93/2013 WITH CA/3443/2015 IN CP/109/2013 WITH CA/3847/2022 IN CP/93/2013 WITH CA/8075/2023 IN CP/93/2013 WITH CA/2727/2021 IN CP/94/2013 WITH CA/2725/2021 IN CP/93/2013 WITH CA/13685/2022 IN CP/93/2013 WITH CA/13770/2022 IN CP/93/2013 WITH CA/13647/2021 IN CP/93/2013 WITH CA/13885/2021 IN CP/93/2013 WITH CAST/20447/2023 IN CP/93/2013 KARBHARI LAXMAN KORBARNE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Adv. for Petitioners (in CP/93/2013 & CP/94/2013) : Mrs. Vaishali Shinde Advocate for Petitioners (in CP/93/2013) : Mr. Vivek V. Tarde Advocate for Petitioner (in CP/109/2013) : Mr. Amol R. Joshi Advocate for Respondent No.9 (in CA/13685/2022):Mr.A. D. Ostwal Advocate for Applicant (in CA/3847/2022) : Mr. Hemant U. Dhage. GP for Respondent/State : Mr. D.R. Kale Advocate for Applicant (in CA/13685/2022) : Mr. Kiran D. Jadhav. Advocate for Applicant (in CA/13647/2021) : Mr. Ajeet B. Kale Advocate for Applicant (in CA/13770/2022) : Mr. Rajendra Sudam Kasar ...

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ.

DATED : 5th JULY, 2023.

PER COURT :- 1.

This is a motion for speaking to the minutes of the order dated 22nd June, 2023.

2.

In para no.3 in first sentence replace the name of "Mr.Sudhir Dagaduram Tanpure" by "Vijaysingh Ashokrao Tanpure".

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In para no.3, second sentence be replaced as under :- "Mr.Dhage, learned counsel representing Sudhir Dagaduram Tanpure submits that the land would fetch not less than Rs.2.50 crore."

4.

Para no.6 be replaced as under :- "6.

In view of the above, the auction sale dated 16th November, 2021 is hereby set aside. The intervenor namely, Sudhir Dagduram Tanpure submits that he has a party to purchase the land and he would deposit, on behalf of that party, a sum of Rs.1.60 crores with this Court. The intervenor namely, Sudhir Dagaduram Tanpure shall deposit in this Court a sum of Rs.1.60 crores within a period of four weeks, without fail. If he deposits the amount with this Court, he is not required to deposit the earnest money and if he is found to be successful bidder, he shall deposit amount of the auction price (sale price minus Rs.1.60 crores). The Tahsildar shall put the land for re-sale. The sale shall be conducted in terms of the relevant provisions of the MLRC. The pecuniary interest of the earlier purchaser would be taken care of. "

5.

In para no.11, it be added as under :- "In an auction sale, if the bid of earlier auction

-3purchaser is found to be highest and accepted, he shall deposit amount of the auction price (sale price minus sum of Rs.1,33,00,000/-). He need not deposit earnest amount."

6.

The para no.12 be replaced as under :- "The amount, which is with the Tahsildar shall be paid to all the petitioners in equal proportion to the amount said to have been due to them as described in the list filed along with Civil Application No.8075 of 2023 (Exhibit `D' and Exhibit `E'), within three weeks from this modified order."

7.

Para No.13 be replaced as under :- "The Tahsildar shall consider the Government valuation of the land with the market price thereof while fixing the upset price. Needless to mention that the upset price shall not be less than Rs.1.75 crore." 8.

Accordingly, the Civil Application No.8075 of 2023 and Civil Application (Stamp) No. 20447 of 2023 stand disposed of. 9.

The motion stands disposed of.

(SANJAY A. DESHMUKH, J.) (R.G. AVACHAT, J.) sga/