State Of Mah v. Waman Maroti Jadhav

1 Beed.odt

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY

HON'BLE SHRI JUSTICE R. G. AVACHAT, J.

HELD ON 25th SEPTEMBER, 2021 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.1894 OF 2009 THE STATE OF MAHARASHTRA AND ANOTHER NENA NARHARI PARBALE 2 FIRST APPEAL NO.1899 OF 2009 WITH FA/1900/2009 ASHUBA SHRIPATI PECHE 3 FIRST APPEAL NO.2226 OF 2009 WITH FA/2229/2009 WITH FA/2230/2009 DASHRATH ASRUBA MOHITE AND ANOTHER 4 FIRST APPEAL NO.2434 OF 2009 WITH FA/2547/2009 WITH X-OBJ(ST)/5735/201 IN FA/2547/2009 WITH X-OBJ(ST)/5736/201 IN FA/2545/2009 WITH X-OBJ(ST)/5737/201 IN FA/2546/2009 WITH FA/2546/2009 WITH FA/2543/2009 WITH FA/2545/2009 THE STATE OF MAHARASHTRA AND ANOTHER UDHAV DINKARRAO SANAP AND OTHERS ...

5 FIRST APPEAL NO.2620 OF 2009 WITH FA/2618/2009 WITH FA/2619/2009 THE STATE OF MAHARASHTRA AND ANOTHER MAHADEO CHHANDAR DHOLE AND ANOTHER ...

6 FIRST APPEAL NO.2652 OF 2009 WITH FA/2653/2009 WITH FA/2654/2009 WITH FA/2656/2009 WITH FA/2655/2009 SHIVAJI SHANKARRAO GUTTE

2 Beed.odt 7 FIRST APPEAL NO.2664 OF 2009 WITH FA/2665/2009 PATLOBA BHAGOJI DAHIFALE AND OTHERS 8 FIRST APPEAL NO.2666 OF 2009 WITH FA/2667/2009 ANJANOTHERAO BHAGOJIRAO SHEP 9 FIRST APPEAL NO.3018 OF 2009 WITH FA/3019/2009 WITH FA/3020/2009 WITH FA/3021/2009 THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR BHAGWAN BAMAJI PHAD 10 FIRST APPEAL NO.3085 OF 2009 WITH FA/3084/2009 WITH FA/3086/2009 WITH FA/3087/2009 WITH FA/3089/2009 WITH FA/3090/2009 WITH FA/3091/2009 WITH X-OBJ(ST)/6948/201 IN FA/3086/2009 WITH X-OBJ(ST)/7513/201 IN FA/3089/2009 WITH X-OBJ(ST)/7516/201 IN FA/3090/2009 WITH X-OBJ(ST)/7512/201 IN FA/3087/2009 WITH X-OBJ(ST)/6950/201 IN FA/3091/2009 WITH X-OBJ(ST)/7050/201 IN FA/3084/2009 WITH X-OBJ(ST)/7069/201 IN FA/3085/2009 STATE OF MAHARASHTRA.

SANJIVAN TUKARAM BHOSALE 11 FIRST APPEAL NO.3088 OF 2009 WITH X-OBJ(ST)/7514/201 IN FA/3088/2009 STATE OF MAHARASHTRA.

KRISHNABAI GANPATI SHINDE 12 FIRST APPEAL NO.3092 OF 2009 WITH X-OBJ(ST)/7518/201 IN FA/3092/2009 THE STATE OF MAHARASHTRA SHRRIDHAR GANPATI BHOSALE 13 FIRST APPEAL NO.3093 OF 2009 WITH X-OBJ(ST)/7006/201 IN FA/3093/2009 THE STATE OF MAHARASHTRA SHANKAR RAMCHANDRA NAVGHARE

3 Beed.odt 14 FIRST APPEAL NO.3259 OF 2009 ROHIDAS SANGAJI WAGHMARE AND OTHERS 15 FIRST APPEAL NO.3260 OF 2009 WITH FA/3261/2009 WITH CA/1245/2008 IN FA/161/2010 WITH FA/161/2010 TRIMBAK HARIBHAU NAWSPUE 16 FIRST APPEAL NO.160 OF 2010 WITH CA/1243/2008 IN FA/160/2010 BABA NATHU YERKAL 17 FIRST APPEAL NO.604 OF 2010 STATE OF MAHARASHTRA THR COLLECTOR BEED AND ANOTHER MANOHAR GOVINDRAO MASKE AND OTHERS 18 FIRST APPEAL NO.786 OF 2010 WITH FA/788/2010 WITH FA/789/2010 WITH FA/787/2010 THE STATE OF MAHARASHTRA AND ANOTHER MURLIDHAR ASHRUBA TATE THR LRS ASHOK AND ANOTHER 19 FIRST APPEAL NO.1331 OF 2010 THE STATE OF MAHARASHTRA AND ANOTHER WAMAN BHANUDAS SASTE L.RS. KISAN WAMAN SASTE AND OTHERS 20 FIRST APPEAL NO.1334 OF 2010 SAKHARAM VISHWANATH KALE AND OTHERS 21 FIRST APPEAL NO.1335 OF 2010 SHANKAR BABULAL WARWADE AND OTHERS

4 Beed.odt 22 FIRST APPEAL NO.1336 OF 2010 ABASAHEB HARIDASRAO KALE 23 FIRST APPEAL NO.1851 OF 2010 WITH FA/1852/2010 WITH FA/1854/2010 WITH FA/1855/2010 WITH FA/1856/2010 WITH FA/1853/2010 THE STATE OF MAHARASHTRA NARHARI BHAGOJI GUTTE 24 FIRST APPEAL NO.1934 OF 2010 WITH FA/1935/2010 THE STATE OF MAHARASHTRA SAYYAD BIBBAN SAYYAD CHAND AND OTHERS 25 FIRST APPEAL NO.1998 OF 2010 WITH FA/1999/2010 PRALHAD BHEEMRAO YEDE 26 FIRST APPEAL NO.2121 OF 2010 WITH FA/2120/2010 WAMAN MAROTI JADHAV ...

A.G.P. for Appellants - State : Mr. A.M. Phule Advocate for respondents - claimants : Mr. D.R. Jayabhar, Mr. T.B. Bhosale, Mr. S.L. Bhapkar Officers for Acquiring body/State:Mr. Tushar Thombre, Addl. Collector, Beed and Ms. Nilam Bharat Bafna, Sub-Divisional Officer, Majalgaon, Dist. Beed ...

O R D E R

These Appeals are placed before this Lok Adalat by the appellant - State. Learned A.G.P., concerned officer and learned counsel for the respondents - claimants are present.

5 Beed.odt 2.

Mr. A.M. Phule, learned A.G.P. submitted that the above numbered groups of appeals is squarely covered by the Government Resolution No.Sankirna-2014/ Pra.Kra.4/ Bham-1/ A-4, dated 3rd November, 2016 with Government Corrigendum, dated 23rd February, 2017 and 13th August, 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.

Learned A.G.P. submits that the entire amount in some of the appeals has been deposited and lateron withdrawn by the original claimants. It is further submitted that in view of withdrawal of amount, nothing survives in those appeals.

4.

It is informed by learned A.G.P. that in some other appeals the amount is yet to be deposited. Learned A.G.P. prays for one year's duration for depositing the amount, either before this Court or the concerned reference Court.

5.

Said request is accepted. The State shall deposit the amount either before this Court or reference Court, preferably within a period of one year from today, failing which the claimants are entitled to execute the awards as permissible in law by claiming interest and other monetary benefits.

6.

Before disposing the appeals, it is clarified that if any amount is still in deposit with this Court, the same shall be transmitted to the reference Court. The reference Court shall disburse the said amount with accrued interest thereon to the original claimants on their application. The claimants are permitted to make the application before the reference Court for withdrawal of said amount.

6 Beed.odt 7.

These First Appeals stand disposed of as withdrawn. No order as to costs.

8.

The Civil Application/s, if any, except the application to bring on record legal heirs and the cross objections, stand/s disposed of. 9.

Issue full Court fee refund certificate.

( S.P. Brahme ) ( S.G. Shete ) ( R. G. AVACHAT, J. ) Advocate District Judge (Retd.) Head of the Panel Member Member Date : 25.09.2021.

Place : Aurangabad.

RRD/SSD