The Executive Engineer, Irrigation Project, Majbutikaran Division, Omerga And ORS v. Vasant Dagadu Gadhave
( Order ) (1) Serial Nos. 88, 90 to 95,
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY
HON'BLE SMT. JUSTICE VIBHA KANKANWADI, HELD ON 17TH MARCH 2019, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD.
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88 CIVIL APPLICATION NO.2606 OF 2015 IN FAST/17655/2014 WITH CA/2607/2015 IN FAST/17655/2014 WITH CA/2608/2015 IN FAST/17688/2014 WITH CA/2609/2015 IN FAST/17688/2014 WITH CA/2610/2015 IN FAST/17671/2014 WITH CA/2611/2015 IN FAST/17671/2014 WITH CA/2612/2015 IN FAST/17692/2014 WITH CA/2613/2015 IN FAST/17692/2014 WITH CA/2614/2015 IN FAST/17685/2014 WITH CA/2615/2015 IN FAST/17685/2014 EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD BHAGWAN AMBADAS WADANE AND ANOTHER 90 CIVIL APPLICATION NO.
( Order ) (2) Serial Nos. 88, 90 to 95, 91 CIVIL APPLICATION NO.9166 OF 2015 IN FAST/19961/2015 WITH CA/9168/2015 IN FAST/20176/2015 WITH CA/9170/2015 IN FAST/20179/2015 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHER MOHEDDIN ABDUL HAI VIJAPURE AND ANOTHER 92 CIVIL APPLICATION NO.9320 OF 2015 IN FAST/19702/2015 WITH CA/9322/2015 IN FAST/19744/2015 WITH CA/9324/2015 IN FAST/19747/2015 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHER RAJENDRA MADHAV KUMBHAR 93 FIRST APPEAL NO.971 OF 2016 THE STATE OF MAHARASHTRA AND ANOTHER JAGNNATH VITHOBA WADANE 94 CIVIL APPLICATION NO.15830 OF 2016 IN FAST/16462/2016 WITH CA/15820/2016 IN FAST/14258/2016 WITH CA/15821/2016 IN FAST/14258/2016 WITH CA/15822/2016 IN FAST/16508/2016 WITH CA/15823/2016 IN FAST/16508/2016 WITH CA/15824/2016 IN FAST/16497/2016 WITH CA/15825/2016 IN FAST/16497/2016 WITH CA/15826/2016 IN FAST/16446/2016 WITH CA/15827/2016 IN FAST/16446/2016 WITH CA/15828/2016 IN FAST/16478/2016 WITH CA/15829/2016 IN FAST/16478/2016 WITH CA/15831/2016 IN FAST/16462/2016
( Order ) (3) Serial Nos. 88, 90 to 95, THE MAHARASHTRA KRUSHNA VALLEY DEVELOPMENT CORPORATION SAMADHAN DADA GUNJAL AND OTHERS 95 FIRST APPEAL NO.2528 OF 2017 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHER LAXMAN MARUTI JADHAV DEAD THR LRS CHAYABAI LAXMAN JADHAV AND OTHERS 100 FIRST APPEAL NO.3271 OF 2017 WITH FA/3265/2017 WITH FA/3266/2017 WITH FA/3267/2017 WITH FA/3268/2017 WITH FA/3269/2017 WITH FA/3270/2017 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, MAJBUTIKARAN DIVISION, OMERGA AND ORS AMBADAS KALIDAS BEMBALKAR 101 FIRST APPEAL NO.3284 OF 2017 WITH CA/16515/2016 IN FA/3284/2017 WITH FA/3278/2017 WITH CA/16505/2016 IN FA/3278/2017 WITH FA/3279/2017 WITH CA/16507/2016 IN FA/3279/2017 WITH FA/3280/2017 WITH CA/16509/2016 IN FA/3280/2017 WITH FA/3281/2017 WITH CA/16511/2016 IN FA/3281/2017 WITH FA/3282/2017 WITH CA/16513/2016 IN FA/3282/2017 WITH FA/3283/2017 WITH CA/16517/2016 IN FA/3283/2017 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT, MAJBUTIKARAN DIVISION, OMERGA AND ORS VAISHALI RAMESH SHINDE
( Order ) (4) Serial Nos. 88, 90 to 95, 103 FIRST APPEAL NO.4954 OF 2017 WITH CA/16152/2016 IN FA/4954/2017 THE MAHARASHTRA KRUSHNA VALLEY DEV. CORP. THR. EXE ENGINEER MEDIUM PROJECT OSMANA LAXMIBAI GANPATI RAJMANE 104 FIRST APPEAL NO.4956 OF 2017 WITH CA/16154/2016 IN FA/4956/2017 THE MAHARASHTRA KRUSHNA VALLEY DEV. CORP. THR. EXE ENGINEER MEDIUM PROJECT OSMANA PUSHPA BABASAHEB DEVKATE 105 CIVIL APPLICATION NO.5546 OF 2017 IN FAST/14178/2015 WITH CA/5544/2017 IN FAST/15156/2015 WITH CA/5545/2017 IN FAST/15156/2015 WITH CA/5547/2017 IN FAST/14178/2015 WITH CA/5548/2017 IN FAST/14174/2015 WITH CA/5549/2017 IN FAST/14174/2015 EXECUTIVE ENGINEER, MEDIUM PROJECT DIVISION, OSMANABAD THR EXE ENGINEER VAIJINATH BABURAO BHONG AND OTHERS 106 FIRST APPEAL NO.252 OF 2018 EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION DADA VITTHAL ZIL AND OTHERS
( Order ) (5) Serial Nos. 88, 90 to 95, 107 FIRST APPEAL NO.253 OF 2018 EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD NOW UNDER THE M.
DIGAMBAR BHAGWAN ZEEL AND ORS 108 FIRST APPEAL NO.254 OF 2018 EXECUTIVE ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD NOW UNDER THE M.
JARICHAND MANOHAR UMAP DIED AND ORS 109 FIRST APPEAL NO.346 OF 2018 EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABADTHE COURT OF LOK ADALAT BIRU KASHIBA TERKAR AND ANOTHER 1 110 FIRST APPEAL NO.347 OF 2018 EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD NIVRUTTI DAMU GAIKWAD AND ANOTHER 111 FIRST APPEAL NO.348 OF 2018 EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD NAGESH SHANKAR YEDAKE AND ANOTHER
( Order ) (6) Serial Nos. 88, 90 to 95, 112 FIRST APPEAL NO.3592 OF 2018 WITH FA/3593/2018 WITH FA/3594/2018 THE EXECUTIVE ENGINEER, IRRIGATION PROJECT MAJBUTIKARN DIVISION, OMERGA AND OTHER PARVEJ ALAM ABDUL HAI KAZI 113 CIVIL APPLICATION NO.14458 OF 2018 IN FAST/33034/2018 WITH CA/14459/2018 IN FAST/33034/2018 WITH CA/14460/2018 IN FAST/33148/2018 WITH CA/14461/2018 IN FAST/33148/2018 WITH CA/14462/2018 IN FAST/33156/2018 WITH CA/14463/2018 IN FAST/33156/2018 WITH CA/14464/2018 IN FAST/33152/2018 WITH CA/14465/2018 IN FAST/33152/2018 WITH CA/14466/2018 IN FAST/33143/2018 WITH CA/14467/2018 IN FAST/33143/2018 WITH CA/14468/2018 IN FAST/33169/2018 WITH CA/14469/2018 IN FAST/33169/2018 WITH CA/14470/2018 IN FAST/33164/2018 WITH CA/14471/2018 IN FAST/33164/2018 THE EX. ENGINEER, OSMANABAD MEDIUM PROJECT DIVISION, OSMANABAD AND ORS DASARAO BHANUDAS PAWAR
ORDER
01.
Learned Advocates for the appellants - acquiring body are present. Learned Asst. Government Pleader Mr. A.M. Phule on behalf of the respondent - State is present. Mr. Nitin Prabhakar Ambhore, Executive Engineer, Osmanabad Medium Project Division, Osmanabad, is also present.
( Order ) (7) Serial Nos. 88, 90 to 95, Learned Advocates Mr. M.P. Tripathi, Mr. L.C. Patil, Mr. E.S. Murge, Mr. R.V. Naiknavare, Mr. S.N. Patne, for the respective respondents are present.
02.
Statement is made by them, that in this group of matters, in some matters, entire amount is deposited by the acquiring body before the concerned Court or in some matters, either some amount is paid or amount is yet to be deposited. It is covered by Government Resolution dated 0311-2016 read with subsequent corrigendum dated 2302-2017 and 13-08-2018 and, therefore, in view of the same, they are intending to withdraw their applications for condonation of delay together with appeals.
03.
Further, in view of the decision in State of Maharashtra Vs. Kailash Shiva Rangari [2016(4) ALL MR 513 (F.B.)] and The State of Maharashtra & others Vs. Ramesh s/o. Tukaram Meshram & others [2018(1) ALL MR 645], the interest would be governed. Matters are also covered by the decision in The State of Maharashtra, through Collector, Latur & others Vs. Rajasaheb s/o. Digambarrao Desai, in First Appeal No. 1852 of 2015, dated 1801-2019.
( Order ) (8) Serial Nos. 88, 90 to 95, 04.
In view of the above, leave is granted. All the aforesaid First Appeals as well as Civil Applications are disposed of as withdrawn. Refund of court fees, as per rules, permitted. Deficit court fees, if any, be paid forthwith.
(K.B. Chaudhary) (V.B. Mantri) (Smt. Vibha Kankanwadi,J.) Advocate District Judge Head of the Panel Member (Retd.) Member Date : 17.03.2019 Place : Aurangabad.
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puranik / SrNo.88etc