VISHWANATH PANDURANG CHOLE v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND
Case Details
916-CA-5949-2023, 917, 918, 920, 926 to 928 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD 916 CIVIL APPLICATION NO. 5949 OF 2023 IN FIRST APPEAL (ST) NO. 30002 OF 2021 WITH CA/5948/2023 IN FAST/30008/2021 WITH CA/6029/2023 IN FAST/29999/2021 WITH CA/6028/2023 IN FAST/29980/2021 WITH CA/3164/2022 IN FAST/29980/2021 WITH CA/3165/2022 IN FAST/29980/2021 WITH CA/3168/2022 IN FAST/29999/2021 WITH CA/3169/2022 IN FAST/29999/2021 WITH CA/3170/2022 IN FAST/30002/2021 WITH CA/3171/2022 IN FAST/30002/2021 WITH CA/3173/2022 IN FAST/30005/2021 WITH CA/3174/2022 IN FAST/30005/2021 WITH CA/3166/2022 IN FAST/30008/2021 WITH CA/3167/2022 IN FAST/30008/2021 VISHWANATH PANDURANG CHOLE VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND 917 CIVIL APPLICATION NO. 5953 OF 2023 IN FIRST APPEAL (ST) NO. 33626 OF 2021 WITH CA/5950/2023 IN FAST/33472/2021 WITH CA/5952/2023 IN FAST/33620/2021 WITH CA/5951/2023 IN FAST/33611/2021 WITH CA/3234/2022 IN FAST/33472/2021 WITH CA/3186/2022 IN FAST/33620/2021 WITH CA/3178/2022 IN FAST/33630/2021 NARAYAN BAPURAO BHINGE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR LATUR AND ANOTHER Pooja K. 1/7 916-CA-5949-2023, 917, 918, 920, 926 to 928
Legal Reasoning
AND 918 CIVIL APPLICATION NO. 5955 OF 2023 IN FIRST APPEAL (ST) NO. 30042 OF 2021 WITH CA/5956/2023 IN FAST/30036/2021 WITH CA/5957/2023 IN FAST/29974/2021 WITH CA/5958/2023 IN FAST/30045/2021 WITH CA/3199/2022 IN FAST/29974/2021 WITH CA/3201/2022 IN FAST/29974/2021 WITH CA/3195/2022 IN FAST/30036/2021 WITH CA/3196/2022 IN FAST/30036/2021 WITH CA/3200/2022 IN FAST/30042/2021 WITH CA/3202/2022 IN FAST/30042/2021 WITH CA/3197/2022 IN FAST/30045/2021 WITH CA/3198/2022 IN FAST/30045/2021 PANDURANG SANTRAM SUDE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR LATUR AND ANOTHER AND 920 CIVIL APPLICATION NO. 5967 OF 2023 IN FIRST APPEAL (ST) NO. 20383 OF 2020 WITH CA/5969/2023 IN FAST/20146/2020 WITH CA/5970/2023 IN FAST/20373/2020 RAVISHANKAR VITTHAL CHOLE VERSUS THE STATE OF MAHARASHTRA THR THE COLLECTOR LATUR AND OTHER S AND 926 CIVIL APPLICATION NO. 6004 OF 2023 IN FIRST APPEAL (ST) NO. 30011 OF 2021 WITH CA/6005/2023 IN FAST/29971/2021 WITH CA/6006/2023 IN FAST/30017/2021 WITH CA/3207/2022 IN FAST/29971/2021 WITH CA/3209/2022 IN FAST/29971/2021 WITH CA/3211/2022 IN FAST/30011/2021 WITH CA/3214/2022 IN FAST/30011/2021 Pooja K. 2/7 916-CA-5949-2023, 917, 918, 920, 926 to 928 WITH CA/3212/2022 IN FAST/30014/2021 WITH CA/3213/2022 IN FAST/30014/2021 WITH CA/3208/2022 IN FAST/30017/2021 WITH CA/3210/2022 IN FAST/30017/2021 WITH CA/3203/2022 IN FAST/30021/2021 WITH CA/3206/2022 IN FAST/30021/2021 MANGAL GANESH GAIKWAD VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND 927 CIVIL APPLICATION NO. 6009 OF 2023 IN FIRST APPEAL (ST) NO. 30033 OF 2021 WITH CA/5971/2023 IN FAST/29977/2021 WITH CA/5973/2023 IN FAST/30030/2021 WITH CA/3224/2022 IN FAST/29977/2021 WITH CA/3225/2022 IN FAST/29977/2021 WITH CA/3222/2022 IN FAST/30024/2021 WITH CA/3223/2022 IN FAST/30024/2021 WITH CA/3220/2022 IN FAST/30027/2021 WITH CA/3221/2022 IN FAST/30027/2021 WITH CA/3218/2022 IN FAST/30030/2021 WITH CA/3219/2022 IN FAST/30030/2021 WITH CA/3215/2022 IN FAST/30033/2021 WITH CA/3216/2022 IN FAST/30033/2021 VIKAS MURLIDHAR BAHYAKAR VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER AND 928 CIVIL APPLICATION NO. 6010 OF 2023 IN FIRST APPEAL (ST) NO. 30039 OF 2021 WITH CA/3205/2022 IN FAST/30039/2021 WITH CA/3204/2022 IN FAST/30039/2021 KUSHENDRA R. KOTLAPURE Pooja K. 3/7 916-CA-5949-2023, 917, 918, 920, 926 to 928 VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR LATUR AND ANOTHER …
Legal Reasoning
Mr. P.C. Mayure – Advocate for Applicants Mr. M.C. Swami – Advocate for Respondent No.2 Mr. B.V. Virdhe, Mr. S.S. Dande, Mr. S.N. Kendre, Mr. A.B. Chate – AGP’s for Respondents, State …. CORAM : SANDIPKUMAR C. MORE, J. DATE : 4th May, 2023 PER COURT : CIVIL APPLICATION NO. 5949 OF 2023 CIVIL APPLICATION NO. 5948 OF 2023 CIVIL APPLICATION NO. 6029 OF 2023 CIVIL APPLICATION NO. 6028 OF 2023 CIVIL APPLICATION NO. 5953 OF 2023 CIVIL APPLICATION NO. 5950 OF 2023 CIVIL APPLICATION NO. 5952 OF 2023 CIVIL APPLICATION NO. 5951 OF 2023 CIVIL APPLICATION NO. 5955 OF 2023 CIVIL APPLICATION NO. 5956 OF 2023 CIVIL APPLICATION NO. 5957 OF 2023 CIVIL APPLICATION NO. 5958 OF 2023 CIVIL APPLICATION NO. 5967 OF 2023 CIVIL APPLICATION NO. 5969 OF 2023 CIVIL APPLICATION NO. 5970 OF 2023 CIVIL APPLICATION NO. 6004 OF 2023 CIVIL APPLICATION NO. 6005 OF 2023 CIVIL APPLICATION NO. 6006 OF 2023 CIVIL APPLICATION NO. 6009 OF 2023 CIVIL APPLICATION NO. 5971 OF 2023 CIVIL APPLICATION NO. 5973 OF 2023 CIVIL APPLICATION NO. 6010 OF 2023 1. 2. Heard. The respective applicants are seeking withdrawal of their Pooja K. 4/7 916-CA-5949-2023, 917, 918, 920, 926 to 928 amounts of compensation, which have been deposited by the acquiring body alongwith the interest accrued thereon. 3. This Court vide order dated 4th January, 2023 in other connected matters has permitted the applicants therein to withdraw 75% of the deposited amounts. 4. In view of the same, present applicants are permitted to withdraw 75% of the compensation amounts alongwith the proportionate interest accrued thereon till date i.e. 50% on usual undertaking to the satisfaction of the Registrar (Judicial) of this court and remaining 25% on furnishing solvent surety / security. 5. The remaining amounts be invested in F.D.R. in any Nationalized Bank on yearly renewal basis till disposal of these appeals. 6.
Decision
The civil applications are accordingly disposed of. CIVIL APPLICATION NO. 3164 OF 2022 CIVIL APPLICATION NO. 3168 OF 2022 CIVIL APPLICATION NO. 3170 OF 2022 CIVIL APPLICATION NO. 3173 OF 2022 CIVIL APPLICATION NO. 3166 OF 2022 Pooja K. 5/7 916-CA-5949-2023, 917, 918, 920, 926 to 928 CIVIL APPLICATION NO. 3199 OF 2022 CIVIL APPLICATION NO. 3195 OF 2022 CIVIL APPLICATION NO. 3200 OF 2022 CIVIL APPLICATION NO. 3197 OF 2022 CIVIL APPLICATION NO. 3207 OF 2022 CIVIL APPLICATION NO. 3211 OF 2022 CIVIL APPLICATION NO. 3212 OF 2022 CIVIL APPLICATION NO. 3208 OF 2022 CIVIL APPLICATION NO. 3203 OF 2022 CIVIL APPLICATION NO. 3224 OF 2022 CIVIL APPLICATION NO. 3222 OF 2022 CIVIL APPLICATION NO. 3220 OF 2022 CIVIL APPLICATION NO. 3218 OF 2022 CIVIL APPLICATION NO. 3215 OF 2022 CIVIL APPLICATION NO. 3205 OF 2022 7. The appellant – acquiring body in all these applications is seeking condonation of delay of 747 days, which appears to be cause due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay of 747 days stands condoned. 8. The appeals be placed for admission after removal of office objections, if any. 9. The applications are accordingly disposed of. CIVIL APPLICATION NO. 3165 OF 2022 CIVIL APPLICATION NO. 3169 OF 2022 CIVIL APPLICATION NO. 3171 OF 2022 CIVIL APPLICATION NO. 3174 OF 2022 Pooja K. 6/7 916-CA-5949-2023, 917, 918, 920, 926 to 928 CIVIL APPLICATION NO. 3167 OF 2022 CIVIL APPLICATION NO. 3234 OF 2022 CIVIL APPLICATION NO. 3186 OF 2022 CIVIL APPLICATION NO. 3178 OF 2022 CIVIL APPLICATION NO. 3201 OF 2022 CIVIL APPLICATION NO. 3196 OF 2022 CIVIL APPLICATION NO. 3202 OF 2022 CIVIL APPLICATION NO. 3198 OF 2022 CIVIL APPLICATION NO. 3209 OF 2022 CIVIL APPLICATION NO. 3214 OF 2022 CIVIL APPLICATION NO. 3213 OF 2022 CIVIL APPLICATION NO. 3210 OF 2022 CIVIL APPLICATION NO. 3206 OF 2022 CIVIL APPLICATION NO. 3225 OF 2022 CIVIL APPLICATION NO. 3223 OF 2022 CIVIL APPLICATION NO. 3221 OF 2022 CIVIL APPLICATION NO. 3219 OF 2022 CIVIL APPLICATION NO. 3216 OF 2022 CIVIL APPLICATION NO. 3204 OF 2022 10. Since the appellant – acquiring body has deposited entire amounts of compensation as directed by this Court, the applications are made absolute in terms of prayer clause – B and disposed of. [ SANDIPKUMAR C. MORE ] JUDGE Pooja K. 7/7