THE STATE OF MAHARASHTRA AND OTHERS v. DARIBA TUKARAM KUNDGIR AND
Case Details
( 1 ) fa1082.16 IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 30.04.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.1082 OF 2016 THE STATE OF MAHARASHTRA AND OTHERS VERSUS DARIBA TUKARAM KUNDGIR AND 2 FIRST APPEAL NO.1831 OF 2016 WITH FA/1832/2016 THE STATE OF MAHARASHTRA VERSUS CHANDARRAO GOVINDRAO GARAD AND ANR AND 3 FIRST APPEAL NO.1894 OF 2016 WITH CA/12135/2015 IN FA/1894/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS SHRIMANT NAGNATH BHOSALE AND 4 FIRST APPEAL NO.2223 OF 2016 THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS VERSUS NAGORAO NIVRUTTI CHAVAN AND 5 FIRST APPEAL NO.2224 OF 2016 THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS VERSUS BHAUSAHEB JOTIRAM CHAVAN AND 6 FIRST APPEAL NO.2225 OF 2016 ( 2 ) fa1082.16
Legal Reasoning
THE EXECUTIVE ENGINEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS VERSUS SANGRAM ARUN PATIL UNDER GUARD USHA AND 7 FIRST APPEAL NO.2226 OF 2016 THE EXECUTIVE ENIGNEER OSMANABAD MINOR IRRIGATION DIVISION OSMANABAD AND OTHERS VERSUS MANIK RAMJI PATIL DIED LRS VILAS AND OTHERS AND 8 FIRST APPEAL NO.3316 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS GANGADHAR RAMRAO HASULE AND ORS AND 9 FIRST APPEAL NO.3318 OF 2016 WITH X-OBJ(ST)/24239/20 IN FA/3318/2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS JAYRAJ UDHAV HASULE, MINOR U/G UDHAV APPARAO HASULE AND 10 FIRST APPEAL NO.3319 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS UTTAM NIVRUTTI KALAME AND 11 FIRST APPEAL NO.3320 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS SHYAMRAO SADHU HASULE AND 12 FIRST APPEAL NO.3321 OF 2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS MATHURABAI MANIKRAO HASULE AND 13 FIRST APPEAL NO.3322 OF 2016 ( 3 ) fa1082.16 WITH X-OBJ(ST)/24238/20 IN FA/3322/2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS GANPAT VENKAT GEETE AND 14 FIRST APPEAL NO.3323 OF 2016 WITH X-OBJ(ST)/24240/20 IN FA/3323/2016 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS BASHAMIYA MEHEBUB DESHMUKH, DIED THR. L.RS. IKABALMIYA AND ANR AND 15 FIRST APPEAL NO.3547 OF 2016 THE STATE OF MAHARASHTRA AND OTHERS VERSUS SUREKHA LAXMAN RONGE AND 16 FIRST APPEAL NO.4308 OF 2016 WITH CA/187/2011 IN FA/4308/2016 THE STATE OF MAHARASHTRA AND ANR VERSUS SURESH RAJARAM KENDRE AND 17 FIRST APPEAL NO.2081 OF 2017 WITH FA/2082/2017 WITH CA/9248/2016 IN FA/2082/2017 WITH CA/9244/2016 IN FA/2081/2017 THE STATE OF MAHARASHTRA AND ORS VERSUS UDHAV SURYABHAN SHINDE AND 18 FIRST APPEAL NO.3434 OF 2017 WITH CA/5084/2017 IN FA/3434/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS BHAGWAT VYANKATRAO MUSANE AND ORS AND ( 4 ) fa1082.16 19 CIVIL APPLICATION NO.10352 OF 2010 IN FAST/17261/2010 WITH CA/10353/2010 IN FAST/17261/2010 WITH CA/10348/2010 IN FAST/17272/2010 WITH CA/10349/2010 IN FAST/17272/2010 WITH CA/10350/2010 IN FAST/17276/2010 WITH CA/10351/2010 IN FAST/17276/2010 THE STATE OF MAHARASHTRA AND ANOTHERS VERSUS MANOHAR MANIKRAO CHALWA AND ANOTHERS AND 20 CIVIL APPLICATION NO.6084 OF 2011 IN FAST/9752/2011 WITH CA/6085/2011 IN FAST/9752/2011 WITH CA/6082/2011 IN FAST/9817/2011 WITH CA/6083/2011 IN FAST/9817/2011 WITH CA/6080/2011 IN FAST/9822/2011 WITH CA/ 6081/2011 IN FAST/9822/2011 WITH CA/6086/2011 IN FAST/9825/2011 WITH CA/6087/2011 IN FAST/9825/2011 THE STATE OF MAH THR. COLLECTOR LATUR AND ANR VERSUS JANARDHAN VAIJNATH WAGHMARE AND 21 CIVIL APPLICATION NO.8083 OF 2011 IN FAST/2694/2011 WITH CA/8077/2011 IN FAST/2677/2011 WITH CA/8078/2011 IN FAST/2677/2011 WITH CA/8079/2011 IN FAST/2684/2011 WITH CA/8080/2011 IN FAST/2684/2011 WITH CA/ 8065/2011 IN FAST/2687/2011 WITH CA/8066/2011 IN FAST/2687/2011 WITH CA/8067/2011 IN FAST/2688/2011 WITH CA/ 8068/2011 IN FAST/2688/2011 WITH CA/8081/2011 IN FAST/2693/2011 WITH CA/8082/2011 IN FAST/2693/2011 WITH CA/ 8084/2011 IN FAST/2694/2011 WITH CA/8060/2011 IN FAST/2699/2011 WITH CA/8062/2011 IN FAST/2699/2011 WITH CA/ 8063/2011 IN FAST/2702/2011 WITH CA/8064/2011 IN FAST/2702/2011 WITH CA/8075/2011 IN FAST/2705/2011 WITH CA/ 8076/2011 IN FAST/2705/2011 WITH CA/8073/2011 IN FAST/2708/2011 WITH CA/8074/2011 IN FAST/2708/2011 WITH CA/ 8071/2011 IN FAST/2711/2011 WITH CA/8072/2011 IN FAST/2711/2011 WITH CA/8069/2011 IN FAST/2714/2011 WITH CA/ 8070/2011 IN FAST/2714/2011 THE STATE OF MAHARASHTRA AND ANR VERSUS ( 5 ) fa1082.16 SHAIKH MAHETAB HAYATALI AND 22 CA/162/2012 IN FAST/25836/2011 THE STATE OF MAH THR. COLLECTOR, LATUR AND ANR VERSUS SAKHUBAI DHONDIBA KALE AND 23 CIVIL APPLICATION NO.243 OF 2012 IN FAST/31755/2011 WITH CA/244/2012 IN FAST/31755/2011 WITH CA/251/2012 IN FAST/31775/2011 WITH CA/245/2012 IN FAST/31774/2011 WITH CA/252/2012 IN FAST/31775/2011 WITH CA/246/2012 IN FAST/31774/2011 WITH CA/249/2012 IN FAST/31780/2011 WITH CA/247/2012 IN FAST/31781/2011 WITH CA/250/2012 IN FAST/31780/2011 WITH CA/248/2012 IN FAST/31781/2011 WITH CA/255/2012 IN FAST/31786/2011 WITH CA/256/2012 IN FAST/31786/2011 WITH CA/253/2012 IN FAST/31789/2011 WITH CA/254/2012 IN FAST/31789/2011 WITH CA/257/2012 IN FAST/31793/2011 WITH CA/258/2012 IN FAST/31793/2011 WITH CA/239/2012 IN FAST/31803/2011 WITH CA/240/2012 IN FAST/31803/2011 WITH CA/241/2012 IN FAST/31806/2011 WITH CA/242/2012 IN FAST/31806/2011 THE STATE OF MAHARSHTRA AND ORS VERSUS NARSING BHIMRAO PHULGAT AND 25 CIVIL APPLICATION NO.4633 OF 2012 IN FAST/7008/2012 WITH CA/4634/2012 IN FAST/7008/2012 THE STATE OF MAH THR COLLECTOR AND ANR VERSUS BABURAO SAMBHAJI NILLA AND 27 CIVIL APPLICATION NO.11974 OF 2012 IN FAST/10035/2012 WITH CA/11976/2012 IN FAST/9989/2012 WITH CA/11977/2012 IN FAST/9989/2012 WITH CA/11972/2012 IN FAST/9992/2012 WITH CA/11973/2012 IN FAST/9992/2012 WITH CA/11970/2012 IN FAST/9995/2012 WITH CA/11971/2012 IN FAST/9995/2012 WITH CA/11980/2012 IN FAST/10004/2012 WITH CA/11981/2012 IN FAST/10004/2012 WITH CA/11978/2012 IN FAST/ ( 6 ) fa1082.16 10007/2012 WITH CA/11979/2012 IN FAST/10007/2012 WITH CA/11956/2012 IN FAST/10010/2012 WITH CA/11957/2012 IN FAST/ 10010/2012 WITH CA/11962/2012 IN FAST/10021/2012 WITH CA/11963/2012 IN FAST/10021/2012 WITH CA/11960/2012 IN FAST/ 10027/2012 WITH CA/11961/2012 IN FAST/10027/2012 WITH CA/11958/2012 IN FAST/10031/2012 WITH CA/11959/2012 IN FAST/ 10031/2012 WITH CA/11975/2012 IN FAST/10035/2012 THE STATE OF MAH AND ANR VERSUS BHANUDAS MAROTI DHAVALE AND ORS AND 28 CIVIL APPLICATION NO.111 OF 2014 IN FAST/30342/2013 WITH CA/107/2014 IN FAST/30254/2013 WITH CA/108/2014 IN FAST/30254/2013 WITH CA/117/2014 IN FAST/30333/2013 WITH CA/118/2014 IN FAST/30333/2013 WITH CA/115/2014 IN FAST/30336/2013 WITH CA/116/2014 IN FAST/30336/2013 WITH CA/113/2014 IN FAST/30339/2013 WITH CA/114/2014 IN FAST/30339/2013 WITH CA/112/2014 IN FAST/30342/2013 WITH CA/127/2014 IN FAST/30345/2013 WITH CA/128/2014 IN FAST/30345/2013 WITH CA/109/2014 IN FAST/30348/2013 WITH CA/110/2014 IN FAST/30348/2013 WITH CA/119/2014 IN FAST/30351/2013 WITH CA/120/2014 IN FAST/30351/2013 WITH CA/121/2014 IN FAST/30354/2013 WITH CA/122/2014 IN FAST/30354/2013 WITH CA/123/2014 IN FAST/30357/2013 WITH CA/124/2014 IN FAST/30357/2013 WITH CA/125/2014 IN FAST/30360/2013 WITH CA/126/2014 IN FAST/30360/2013 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS NUHNUBEE BASHIRKHAN PATHAN ...
Legal Reasoning
Mr. A. M. Phule, APP for the petitioners in respective matters Mr. H. B. Nandgavale, Advocate h/f Mr. V. G. Sakolkar, Advocate for the respondent No.1 in respective matters Mr. Avinash Shridharrao Kamble, Sub-Divisional Officer is present ( 7 ) fa1082.16
Decision
O R D E R (30th APRIL, 2023) 1. These appeals are placed before us in today’s National Lok Adalat. Civil Applications for delay:- 2. Having regard to the reasons mentioned in the applications and as the parties have arrived at amicable settlement, it is desirable to condone the delay. The delay stands condoned. The civil applications for condonation of delay, if any stand allowed and disposed off. Office to register the appeals. First Appeals:- 1. These matters are placed before us in today’s National Lok-Adalat. Mr. Avinash Shridharrao Kamble, Sub-Divisional Officer, Latur is present. 2. Mr. Phule, learned AGP submits that above numbered ( 8 ) fa1082.16 groups of appeals are squarely covered by Government Resolution No. Sankirna-2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government Corrigendum dated 23-02-2017 and 13-08-2018 to the said Government Resolution. Hence, the groups of 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 states that entire amount in these appeals has been deposited and later-on the said amount has been withdrawn by the original claimants by obtaining orders from this court. He submits that in these circumstances nothing survives in these appeals. 4. However, before disposing off the appeals, it is further clarified that in case the amount is not deposited as per the award, the State Government undertakes to deposit the said amount within a period of six months in the concerned Reference Court. If ( 9 ) fa1082.16 the amount is not withdrawn by the claimants/respondents, same is allowed to be withdrawn and office to allow withdrawal. If the said amount is not deposited, they are at liberty to withdraw the same after the amount is deposited. 5. There are cross appeals challenging the judgment and award seeking enhancement and challenging the impugned judgment and award to the extent of not enhancing the amount as prayed for. No order is necessary on the cross-objections. The parties are free to prosecute the same. 6. 7. 8. The first appeals stand disposed off as withdrawn. No order as to costs. The court fee refund certificate be issued as per the provisions under the Maharashtra Court Fees Act, 1959. 9. In view of withdrawal of these appeals, pending civil ( 10 ) fa1082.16 applications, if any stand disposed off. [A. R. BORULKAR] Advocate Member [S. G. SHETE] DJ (Retd.) Member [KISHORE C. SANT, J.] Head of Panel VishalK/fa1082.16