BHAGUJI GAMAJI SHELKE v. THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope
Case Details
1 907-1100-2022CA IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 907 CIVIL APPLICATION NO.1100 OF 2022 IN FAST/26448/2021 BHAGUJI GAMAJI SHELKE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 908 CIVIL APPLICATION NO.1101 OF 2022 IN FAST/26449/2021 MOTILAL HIRALAL JAIN AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND OTHERS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 909 CIVIL APPLICATION NO.1102 OF 2022 IN FAST/26452/2021 AAKRUR RAM DHANDGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 - AND - 910 CIVIL APPLICATION NO.1103 OF 2022 IN FAST/26454/2021 ANNASAHEB PANDURANG POTEKAR VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, JALNA AND OTHERS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 2 907-1100-2022CA - AND - 911 CIVIL APPLICATION NO.1104 OF 2022 IN FAST/26377/2021 SHIVAJI PIRAJI SOLANKE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 912 CIVIL APPLICATION NO.1105 OF 2022 IN FAST/26355/2021 PRAKASH ASARAM SHELKE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 913 CIVIL APPLICATION NO.1106 OF 2022 IN FAST/26319/2021 DHONDIRAM SITARAM AAHER (DIED) THR LRS KANTABAI WD/O DHONDIRAM AAHER VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 -AND- 914 CIVIL APPLICATION NO.1107 OF 2022 IN FAST/26323/2021 SUNIL DIGAMBAR JANGLE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 3 907-1100-2022CA - AND - 915 CIVIL APPLICATION NO.1108 OF 2022 IN FAST/26316/2021 DNYESHWAR KAKUJI SHINDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 916 CIVIL APPLICATION NO.1109 OF 2022 IN FAST/26310/2021 RAMNATH KISAN GAIKWAD VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 917 CIVIL APPLICATION NO.1110 OF 2022 IN FAST/26298/2021 RAMDAS KARBHARI GAIKWAD VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 918 CIVIL APPLICATION NO.1111 OF 2022 IN FAST/26413/2021 YADHAV JAGANNATH SHEDGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 4 907-1100-2022CA 919 CIVIL APPLICATION NO.1112 OF 2022 IN FAST/26265/2021 SAGAR CHANDRASHEKHAR SAWJI VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 920 CIVIL APPLICATION NO.1113 OF 2022 IN FAST/26336/2021 VIJAY CHATRUBHUJ SHINDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 921 CIVIL APPLICATION NO.1114 OF 2022 IN FAST/26339/2021 CHANDRAKALA DAULAT DHANDGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 922 CIVIL APPLICATION NO.1115 OF 2022 IN FAST/26353/2021 ROHIDAS JAGANNATH (THR UNDER GUARDIAN) TULSABAI AND ANR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 923 CIVIL APPLICATION NO.1116 OF 2022 IN FAST/26321/2021 5 907-1100-2022CA DILIP NAGORAV WAGHMARE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 924 CIVIL APPLICATION NO.1117 OF 2022 IN FAST/26464/2021 RAJABHAU BALAJI KARHALE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 925 CIVIL APPLICATION NO.1118 OF 2022 IN FAST/26295/2021 BALAJI BALIBHAN GAIKWAD (DIED) THR LRS LAHU AND ANR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 926 CIVIL APPLICATION NO.1119 OF 2022 IN FAST/26225/2021 RUSTUM MOHAN GAIKWAD VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 927 CIVIL APPLICATION NO.1120 OF 2022 IN FAST/26238/2021 DAULAT LIMBAJI DHANDGE AND ANR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS 6 907-1100-2022CA - AND - 928 CIVIL APPLICATION NO.1121 OF 2022 IN FAST/26261/2021 UDDHAV ASARAM BUNGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 -AND- 929 CIVIL APPLICATION NO.1122 OF 2022 IN FAST/26459/2021 ANKUSH BHANUDAS DIVTE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 930 CIVIL APPLICATION NO.1135 OF 2022 IN FAST/26381/2021 VILAS BAPURAO KORDE THR GPA HOLDER VIJAY CHATRBHUJ SHINDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 931 CIVIL APPLICATION NO.1136 OF 2022 IN FAST/26385/2021 ANKUSH RAM SOMWARE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 7 907-1100-2022CA - AND - 932 CIVIL APPLICATION NO.1137 OF 2022 IN FAST/26389/2021 PANDURANG TUKARAM JANGLE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 933 CIVIL APPLICATION NO.1138 OF 2022 IN FAST/26391/2021 PRAKASH RAMBHAU SOMWARE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 934 CIVIL APPLICATION NO.1139 OF 2022 IN FAST/26393/2021 HARIDAS BHANUDAS KORDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 935 CIVIL APPLICATION NO.1140 OF 2022 IN FAST/26396/2021 CHATRABHUJ GANGADHAR PACHANGRE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 8 907-1100-2022CA - AND - 936 CIVIL APPLICATION NO.1141 OF 2022 IN FAST/26399/2021 BABU GAJABA SOMWARE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 -AND- 937 CIVIL APPLICATION NO.1142 OF 2022 IN FAST/26403/2021 BABU BHAURAO PANCHAGRE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 938 CIVIL APPLICATION NO.1143 OF 2022 IN FAST/26325/2021 SATISH BHIMRAO BUNGE AND ORS VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 939 CIVIL APPLICATION NO.1144 OF 2022 IN FAST/26332/2021 DWARKABAI W/O SAKHARAM SHEDGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA ANDORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 9 907-1100-2022CA 940 CIVIL APPLICATION NO.1145 OF 2022 IN FAST/26334/2021 SUNITA HARIDAS KORDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 941 CIVIL APPLICATION NO.1146 OF 2022 IN FAST/26343/2021 VILAS CHATRUBHUJ SHINDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 942 CIVIL APPLICATION NO.1147 OF 2022 IN FAST/26185/2021 KAUSHALYABAI MUKTARAM DHANDGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 943 CIVIL APPLICATION NO.1148 OF 2022 IN FAST/26278/2021 DIGAMBAR TUKARAM JANGLE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 944 CIVIL APPLICATION NO.1149 OF 2022 IN FAST/26269/2021 10 907-1100-2022CA SOMNATH VISHWANATH DASHRATH VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 - AND - 945 CIVIL APPLICATION NO.1150 OF 2022 IN FAST/26263/2021 RAMDAS BHANUDAS KORDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 946 CIVIL APPLICATION NO.1151 OF 2022 IN FAST/26267/2021 MEERABAI ASHOK SHINDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 947 CIVIL APPLICATION NO.1152 OF 2022 IN FAST/26259/2021 AASARAM SHAHURAO DIVTE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 948 CIVIL APPLICATION NO.1153 OF 2022 IN FAST/26302/2021 MUKTARAM LIMBAJI DHADGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS 11 907-1100-2022CA Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 949 CIVIL APPLICATION NO.1154 OF 2022 IN FAST/26280/2021 BALIRAM TUKARAM JANGLE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 950 CIVIL APPLICATION NO.1155 OF 2022 IN FAST/26276/2021 DATTA TUKARAM JANGLE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 951 CIVIL APPLICATION NO.1156 OF 2022 IN FAST/26272/2021 SAKHARAM PATILBA SHEDGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 - AND - 952 CIVIL APPLICATION NO.1157 OF 2022 IN FAST/26437/2021 CHAND BEG MEHTAB BEG VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS 12 907-1100-2022CA Mr S.S. Tope, Advocate for applicant Mr P.M. Kulkarni, A.G.P. for respondents no.1 and 2 - AND - 953 CIVIL APPLICATION NO.1158 OF 2022 IN FAST/26306/2021 GOVIND DATTATRAY BAVASAKAR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.N.Morampalle, A.G.P. for respondents no.1 and 2 - AND - 954 CIVIL APPLICATION NO.1159 OF 2022 IN FAST/26314/2021 AATMARAM SITARAM KORDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 955 CIVIL APPLICATION NO.1160 OF 2022 IN FAST/26274/2021 DEEPAK AASARAM BUNGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 956 CIVIL APPLICATION NO.1161 OF 2022 IN FAST/26345/2021 DEVNATH GANPAT GAIKWAD VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 13 907-1100-2022CA - AND - 957 CIVIL APPLICATION NO.1162 OF 2022 IN FAST/26341/2021 NANDABAI W/O VITTHAL SHINGTE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 958 CIVIL APPLICATION NO.1163 OF 2022 IN FAST/26421/2021 VILAS BABASAHEB POTEKAR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 959 CIVIL APPLICATION NO.1164 OF 2022 IN FAST/26349/2021 TULSHIRAM BHAGWAT KORDE AND ANR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 960 CIVIL APPLICATION NO.1165 OF 2022 IN FAST/26457/2021 LAXMAN ANKUSH BORKAR VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 14 907-1100-2022CA 961 CIVIL APPLICATION NO.1166 OF 2022 IN FAST/26444/2021 PRAKASH BAPURAO SHINDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 - AND - 962 CIVIL APPLICATION NO.3776 OF 2022 IN FAST/26406/2021 DADABHAU GANGADHAR PANCHAGRE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR, JALNA AND ORS Mr S.S. Tope, Advocate for applicant Mr S.G. Sangle, A.G.P. for respondents no.1 and 2
Legal Reasoning
between 631 to 869 days. There is no dispute that the State has acquired the agricultural lands of the respective claimants for construction of Tanwadi Storage Tank at Tanwadi (Rahera), Ramgvhan, Bhadregaon (kh), Taluka Ghansawangi, District Jalna. It was a case of compulsory land acquisition. Even there is inordinate delay, the delay needs to be condoned in view of guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State (supra). It is held by the Honourable Supreme Court that a different yardstick needs to be applied while deciding the application for condonation of delay arising out of land acquisition matters. It is further laid down by the Honourable Supreme Court that in the matter of land acquisition, where land of farmers is acquired, a liberal approach is to be taken. These persons should not be deprived of the reasonable compensation for their lands. Their statutory right of appeal cannot be thrown away 16 907-1100-2022CA at the threshold on the technicality of limitation. It is not proper to take hyper technical view. 7. In view of guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State (supra), the applications filed by the respective claimants need to be allowed. However, the applicants need to waive the statutory benefits and interest for the delayed period and they have to furnish undertakings to that effect by way of equity.
Arguments
CORAM : SHRIKANT D. KULKARNI, J. DATE : 24th March, 2022 PER COURT : 1. Heard Mr S.S. Tope, learned Advocate for the applicants/original claimants and learned A.G.P.s for respondents no.1 and 2 in respective applications. 2. Mr S.S. Tope, learned Advocate for the applicants/original claimants submitted that it is a case of compulsory land acquisition of farmers by the State for construction of Tanwadi Storage Tank at Tanwadi (Rahera), Ramgvhan, Bhadregaon (kh), Taluka Ghansawangi, District Jalna.. The claimants could not arrange for the funds so as to prefer appeals within time. Ultimately, it resulted in delay. There is no intentional delay on the part of respective claimants. Mr Tope has placed his reliance on guidelines laid down by the Honourable Supreme Court in case of Dhiraj Singh (D) Tr. Vs. Haryana State, reported in MANU/SC/0778/2014 and urged to condone the delay by taking liberal view. 15 907-1100-2022CA 3. Mr Tope, learned Advocate for the applicants/original claimants placed reliance on the order dated 10.1.2022 passed by the Honourable Supreme Court in Miscellaneous Application No.21 of 2022 in Miscellaneous Application No.665 of 2021 in Suo Motu Writ Petition (C) No.3 of 2020 along with connected matters wherein Honourable Supreme Court directed extension of the period of limitation due to COVID-19 pandemic. 4. Learned A.G.P.s for respondents no.1 and 2 in respective applications strongly opposed to condone the delay. They submitted that there is inordinate delay in preferring the appeals. The reasons assigned by the claimants are neither sufficient nor strong. There is no merit in the applications. Hence, applications for condonation of delay may be rejected. 6. I have considered the submissions made by Mr S.S. Tope, learned Advocate for applicants/original claimants and learned A.G.P.s for respondents no.1 and 2 in respective applications. In these Civil Applications, the delay ranges
Decision
ORDER The Civil Applications are hereby allowed on following conditions : (i) The applicants/claimants shall furnish their undertakings with the Registrar (Judicial) of this Court stating that they shall not claim statutory benefits and interest for the delayed period. (iii) After furnishing such undertakings by the applicants, Registry to make scrutiny of the appeals and thereafter the appeals be numbered and placed before the Court for admission. (iv) The Civil Applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) vvr