The State Of Mah Thr Collector And ANR v. Ganpati Raghu Andhale And ORS

2023:BHC-AUG:26695

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R. M. JOSHI, HELD ON 9th DECEMBER, 2023 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.3391 OF 2016 WITH FA/3392/2016 WITH CA/13852/2011 IN FA/3392/2016 WITH CA/13858/2011 IN FA/3391/2016 WITH FA/3393/2016 WITH CA/13856/2011 IN FA/3393/2016 THE STATE OF MAH THR. COLLECTOR BEED AND ANR VITHAL SAYAJI JAYBHAYE AND ORS 2 CIVIL APPLICATION NO.10166 OF 2010 IN FAST/17941/2010 WITH CA/2905/2012 IN FAST/17941/2010 THE STATE OF MAHARASHTRA AAHELU SADHU MANE(DIED) LRS SUDAM SANTU MANE AND ORS 3 CIVIL APPLICATION NO.13853 OF 2011 IN FAST/25567/2011 WITH CA/13854/2011 IN FAST/25567/2011 THE STATE OF MAH THR. COLLECTOR BEED AND ANR DULBA RAJARAM JAYBHAYE AND ANR 4 CIVIL APPLICATION NO.13909 OF 2011 IN FAST/25028/2011 WITH CA/13910/2011 IN FAST/25028/2011 THE STATE OF MAHARASHTRA BABURAO DADABA KEDAR ANDORS

5 CIVIL APPLICATION NO.1806 OF 2013 IN FAST/21439/2012 WITH CA/1807/2013 IN FAST/21439/2012 THE STATE OF MAH THR COLLECTOR AND ANR GANPATI RAGHU ANDHALE AND ORS 6 CIVIL APPLICATION NO.1997 OF 2013 IN FAST/31132/2012 WITH CA/1998/2013 IN FAST/31132/2012 THE STATE OF MAH THR COLLECTOR AND ANR VASUDEO NIVRUTTI RAKH 7 CIVIL APPLICATION NO.3762 OF 2013 IN FAST/3436/2013 WITH CA/3763/2013 IN FAST/3436/2013 WITH CA/3765/2013 IN FAST/3475/2013 WITH CA/3764/2013 IN FAST/3475/2013 WITH CA/3771/2013 IN FAST/3478/2013 WITH CA/3770/2013 IN FAST/3478/2013 WITH CA/3767/2013 IN FAST/3481/2013 WITH CA/3766/2013 IN FAST/3481/2013 WITH CA/3769/2013 IN FAST/3484/2013 WITH CA/3768/2013 IN FAST/3484/2013 THE STATE OF MAHARASHTRA AND ANOTHER DATTU GANPAT ITHAPE 8 CIVIL APPLICATION NO.8307 OF 2013 IN FAST/16122/2013 WITH CA/8308/2013 IN FAST/16122/2013 THE STATE OF MAHARASHTRA AND ANOTHER BABU MAROTI WAGH 9 CIVIL APPLICATION NO.8311 OF 2013 IN FAST/16116/2013 WITH CA/8312/2013 IN FAST/16116/2013 THE STATE OF MAHARASHTRA AND ANOTHER

KAMALBAI HIMMATRAO PATANGE 10 CIVIL APPLICATION NO.10944 OF 2013 IN FAST/19614/2013 WITH CA/10945/2013 IN FAST/19614/2013 WITH CA/ 10950/2013 IN FAST/19678/2013 WITH CA/10951/2013 IN FAST/19678/2013 WITH CA/10948/2013 IN FAST/19681/2013 WITH CA/10949/2013 IN FAST/19681/2013 WITH CA/10946/2013 IN FAST/19684/2013 WITH CA/10947/2013 IN FAST/19684/2013 WITH CA/10952/2013 IN FAST/19687/2013 WITH CA/10953/2013 IN FAST/19687/2013 THE STATE OF MAHARASHTRA AND ANOTHER RAMNATH SHANKAR DHAMNE 11 CIVIL APPLICATION NO.

11016 OF 2013 IN FAST/19617/2013 WITH CA/11017/2013 IN CA/11016/2013 WITH CA/11018/2013 IN FAST/19666/2013 WITH CA/11019/2013 IN FAST/19666/2013 WITH CA/11022/2013 IN FAST/19672/2013 WITH CA/11023/2013 IN FAST/19672/2013 WITH CA/11020/2013 IN FAST/19675/2013 WITH CA/11021/2013 IN FAST/19675/2013 THE STATE OF MAHARASHTRA AND ANR PANDURANG SAHEBRAO SANAP AND ORS 12 CIVIL APPLICATION NO.11028 OF 2013 IN FAST/19645/2013 WITH CA/11029/2013 IN FAST/19645/2013 THE STATE OF MAHARASHTRA AND ANR BHAGWAN LAXIMAN HINGE 13 CIVIL APPLICATION NO.

THE STATE OF MAHARASHTRA AND ANOTHER ARJUN LAXMAN KAPSE AND OTHERS 14 CIVIL APPLICATION NO.12949 OF 2013 IN FAST/20456/2013 WITH CA/12950/2013 IN FAST/20456/2013 THE STATE OF MAHARASHTRA AND ANOTHER KADAR DADUBHAI PATHAN DIED LRS SARDARBI KADAR PATHAN AND OTHERS 15 CIVIL APPLICATION NO.1904 OF 2014 IN FAST/35526/2013 WITH CA/1905/2014 IN FAST/35526/2013 THE STATE OF MAHARASHTRA TULSIRAM AMBAJI CHATE AND ANOTHER 16 CIVIL APPLICATION NO.6563 OF 2014 IN FAST/10421/2014 THE STATE OF MAHARASHTRA AND ANOTHER MACHINDRA PANDURANG UGALE AND OTHERS 17 CIVIL APPLICATION NO.10783 OF 2009 IN FAST/20484/2009 THE STATE OF MAHARASHTRA MAHADEO DIGAMBAR DAMBARE 18 CIVIL APPLICATION NO.4166 OF 2010 IN FAST/5645/2010 WITH CA/4167/2010 IN FAST/5645/2010 THE STATE OF MAH AND ANR

JADITRAO VENUNATH SUTAR AND ORS 19 CIVIL APPLICATION NO.18058 OF 2010 IN FAST/33395/2010 WITH CA/18059/2010 IN FAST/33395/2010 THE STATE OF MAH AND ORS DATTATRAYA BABURAO PANCHAL AND ANR 20 CIVIL APPLICATION NO.2083 OF 2011 IN FAST/2237/2011 WITH CA/2084/2011 IN FAST/2237/2011 WITH CA/2085/2011 IN FAST/2293/2011 WITH CA/2086/2011 IN FAST/2293/2011 THE STATE OF MAHARASHTRA ARJUN BAPU UNDARE (DIED) LRS BABURAO ARJUN UNDARE ANDORS 21 CIVIL APPLICATION NO.3923 OF 2011 IN FAST/6171/2011 THE STATE OF MAH, THR. COLLECTOR, OSMANABAD ANANT GOVIND TAWARE AND ANR 22 CIVIL APPLICATION NO.5152 OF 2011 IN FAST/5457/2011 WITH CA/5153/2011 IN FAST/5457/2011 WITH CA/5156/2011 IN FAST/5560/2011 WITH CA/5226/2011 IN FAST/5560/2011 WITH CA/5154/2011 IN FAST/5564/2011 WITH CA/5155/2011 IN FAST/5564/2011 WITH CA/5157/2011 IN FAST/5567/2011 WITH CA/5158/2011 IN FAST/5567/2011 THE STATE OF MAHARASHTRA AND ANR NARHARI RAMRAO TAMBE 23 CIVIL APPLICATION NO.5159 OF 2011 IN FAST/6762/2011 WITH CA/5160/2011 IN FAST/6762/2011

THE STATE OF MAH, THR. COLLECTOR, OSMANABAD AND ANR DEODATT ANANDRAO PATIL 24 CIVIL APPLICATION NO.5179 OF 2011 IN FAST/8265/2011 WITH CA/5180/2011 IN FAST/8265/2011 WITH CA/5177/2011 IN FAST/8270/2011 WITH CA/5178/2011 IN FAST/8270/2011 THE STATE OF MAH THR. COLLECTOR OSMANABAD GOVIND LIMBAJI PAWAR, DIED THR. L.RS. BALIKA GOVIND PAWAR AND ORS 25 CIVIL APPLICATION NO.9518 OF 2011 IN FAST/13973/2011 THE STATE OF MAH THR. COLLECTOR OSMANABAD AND ANR RAMRAO BAPURAO JADHAV 26 CIVIL APPLICATION NO.2119 OF 2013 IN FAST/30229/2012 WITH CA/2120/2013 IN FAST/30229/2012 THE STATE OF MAH SHRIKANT SHRIDHARRAO RAJESHWARKAR, DIED THR. L.RS. SHRIPAD AND ORS 27 CIVIL APPLICATION NO.3681 OF 2013 IN FAST/2449/2013 WITH CA/3682/2013 IN FAST/2449/2013 WITH CA/3683/2013 IN FAST/2466/2013 WITH CA/3684/2013 IN FAST/2466/2013 THE STATE OF MAH ANGAD WAMANRAO NALWADE AND ORS

29 CIVIL APPLICATION NO.2289 OF 2016 IN FAST/2329/2016 WITH CA/2294/2016 IN FAST/2343/2016 THE STATE OF MAHARASHTRA AND OTHERS RAMESH PANDIT CHAVAN AND ANR 30 CIVIL APPLICATION NO.4508 OF 2016 IN FAST/10026/2016 WITH CA/4509/2016 IN FAST/10026/2016 THE STATE OF MAHARASHTRA AND ANR DEVIDASRAO NARAYANRAO KULKARNI SINCE DECEASED THR LRSVIJAYABAI DEVIDASRAO SANGVIKAR AND ORS 31 CIVIL APPLICATION NO.4534 OF 2016 IN FAST/10592/2016 WITH CA/4535/2016 IN FAST/10592/2016 THE STATE OF MAHARASHTRA AND ANR JAGANNATH DEVRAO KHANDEKAR AND ORS 32 CIVIL APPLICATION NO.5449 OF 2016 IN FAST/36179/2015 WITH CA/5466/2016 IN FAST/36170/2015 WITH CA/5462/2016 IN FAST/36185/2015 WITH CA/5460/2016 IN FAST/36189/2015 WITH CA/5472/2016 IN FAST/36197/2015 WITH CA/5470/2016 IN FAST/36218/2015 THE STATE OF MAHARASHTRA AND OTHERS SAYYAD MANJUR AHMED KAZI 38 CIVIL APPLICATION NO.4926 OF 2012 IN FAST/8859/2012 WITH CA/4927/2012 IN FAST/8859/2012 WITH CA/4929/2012 IN FAST/8864/2012 WITH CA/4928/2012 IN FAST/8864/2012 THE STATE OF MAH KISAN LAHANU DHAWLE AND ORS

39 CIVIL APPLICATION NO.10359 OF 2012 IN FAST/20370/2012 WITH CA/10363/2012 IN FAST/20376/2012 WITH CA/ 10373/2012 IN FAST/20367/2012 WITH CA/10374/2012 IN FAST/20367/2012 WITH CA/10360/2012 IN FAST/20370/2012 WITH CA/10361/2012 IN FAST/20373/2012 WITH CA/10362/2012 IN FAST/20373/2012 WITH CA/10364/2012 IN FAST/20376/2012 WITH CA/10365/2012 IN FAST/20379/2012 WITH CA/10366/2012 IN FAST/20379/2012 WITH CA/10367/2012 IN FAST/20382/2012 WITH CA/10368/2012 IN FAST/20382/2012 WITH CA/10371/2012 IN FAST/20393/2012 WITH CA/10372/2012 IN FAST/20393/2012 WITH CA/10369/2012 IN FAST/20396/2012 WITH CA/10370/2012 IN FAST/20396/2012 THE STATE OF MAH NAMDEO SHRIRANG GHALME, DIED THR. L.RS. THHAKUBAI ANDORS 40 CIVIL APPLICATION NO.

10621 OF 2012 IN FAST/21576/2012 WITH CA/10623/2012 IN FAST/21576/2012 THE STATE OF MAH RANJANABAI SAMBHAJI DHAVDE 41 CIVIL APPLICATION NO.10828 OF 2012 IN FAST/16870/2012 WITH CA/10822/2012 IN FAST/16864/2012 WITH CA/ 10823/2012 IN FAST/16864/2012 WITH CA/10826/2012 IN FAST/16867/2012 WITH CA/10827/2012 IN FAST/16867/2012 WITH CA/10829/2012 IN FAST/16870/2012 WITH CA/10824/2012 IN FAST/16873/2012 WITH CA/10825/2012 IN FAST/16873/2012 THE STATE OF MAH AND ANR GODARAM NAMDEV GADE AND ANR 44 CIVIL APPLICATION NO.

CA/10519/2014 IN FAST/22810/2014 WITH CA/10522/2014 IN FAST/22830/2014 WITH CA/10523/2014 IN FAST/22830/2014 WITH CA/10516/2014 IN FAST/22833/2014 WITH CA/10517/2014 IN FAST/22833/2014 WITH CA/10520/2014 IN FAST/22836/2014 WITH CA/10521/2014 IN FAST/22836/2014 THE STATE OF MAHARASHTRA AND ANOTHER DAGADU ABA DOKE AND OTHERS 46 CIVIL APPLICATION NO.7877 OF 2015 IN FAST/22331/2014 WITH CA/7868/2015 IN FAST/22318/2014 WITH CA/7870/2015 IN FAST/22318/2014 WITH CA/7880/2015 IN FAST/22326/2014 WITH CA/7879/2015 IN FAST/22326/2014 WITH CA/7878/2015 IN FAST/22331/2014 WITH CA/7866/2015 IN FAST/22337/2014 WITH CA/7867/2015 IN FAST/22337/2014 WITH CA/7875/2015 IN FAST/22342/2014 WITH CA/7876/2015 IN FAST/22342/2014 THE STATE OF MAHARASHTRA RAMBHAU TRIMBAK TODMAL AND OTHERS ...

AGP for Appellant: Mr. A. R. Kale, Mr. V. M. Jaware Advocate :Mr. S. K. Shirse Mr. Rajkumar Mahdev Mane, Deputy Collector, Medium Project No. 2, Osmanabad is present.

Mr. Gangaram Mahadu Talpade, Deputy Collector is present.

ORDER

(9th December, 2023) 1.

These appeals are placed before the National Lok Adalat by the appellant-State.

2.

Learned AGP for the appellant/State submitted that the above mentioned appeals are squarely covered by the Government Resolution dated 03/11/2016 with corrigendums dated 23/02/2017 and 13/08/2018

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.

The learned AGP for the state submits that in some of the appeals, the state has already deposited the compensation amount. He further submits that if the amount of compensation is not deposited before this Court or before the Reference Court, then the same will be deposited in Reference Court within a period of six months from the date of this order. If the amount is not deposited within six months from today, then it shall carry the interest as per Section 28 or 34 of the Act as the case may be. After depositing said amount in the Reference Court, the claimants are entitled to withdraw the same. It is further clarifed that in case, any amount is lying with this Court, then the same shall be transmitted to the Reference Court. The Reference Court shall disburse said amount to the claimants on their applications. The learned AGP further submits that in these circumstances, nothing survives in these appeals. Therefore, these appeals and application for condonation of delay can be disposed of as withdrawn by the State.

4.

In view of the above, this group of appeals stand disposed of as withdrawn. No order as to costs.

5.

Refund of Court fees be processed as per rules. 6.

Pending Civil Applications, if any, stands disposed of. [A. B. Kadethankar] [V. B. Mantri] [R. M. JOSHI, J.] Advocate DJ (Retd.) Head of Panel Member Member Malani