THE STATE OF MAHARASHTRA v. MANGALABAI SHIVRAJ HONRAO AND ANR AND
Case Details
( 1 ) fa2392.10 IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 11.02.2023, AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD 1 FIRST APPEAL NO.2392 OF 2010 WITH X-OBJ(ST)/9664/201 IN FA/2392/2010 THE STATE OF MAHARASHTRA VERSUS MANGALABAI SHIVRAJ HONRAO AND ANR AND 2 FIRST APPEAL NO.1942 OF 2014 WITH CA/373/2022 IN X-OBJST/1312/2022 WITH FA/1944/2014 WITH FA/1949/2014 WITH FA/1945/2014 WITH FA/1948/2014 WITH FA/1947/2014 WITH FA/1943/2014 WITH FA/1946/2014 WITH CA/15215/2019 IN X-OBJST/32484/2018 WITH CA/14924/2019 IN X-OBJST/32486/2018 WITH CA/14939/2019 IN X-OBJST/32488/2018 WITH CA/15216/2019 IN X-OBJST/32490/2018 WITH CA/14926/2019 IN X-OBJST/32492/2018 WITH CA/15217/2019 IN X-OBJST/32494/2018 WITH CA/15049/2019 IN X-OBJST/32496/2018 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS GURPAD BHIMASHANKAR SHETE AND 3 FIRST APPEAL NO.743 OF 2016 WITH FA/745/2016 WITH FA/744/2016 THE STATE OF MAHARASHTRA AND OTHERS VERSUS VITTHALRAO DAULATRAO JADHAV AND 4 FIRST APPEAL NO.1103 OF 2016 WITH FA/1104/2016 THE STATE OF MAHARASHTRA AND ANOTHER ( 2 ) fa2392.10
Legal Reasoning
VERSUS CHANDRABHAN DNYANOBA GURME AND 5 FIRST APPEAL NO.1110 OF 2016 WITH FA/1102/2016 WITH FA/1109/2016 WITH FA/1107/2016 WITH FA/1108/2016 WITH FA/1106/2016 WITH X-OBJ(ST)/40972/20 IN FA/1107/2016 WITH X-OBJ(ST)/40975/20 IN FA/1108/2016 WITH X-OBJ(ST)/40981/20 IN FA/1106/2016 WITH X-OBJ(ST)/40984/20 IN FA/1110/2016 WITH X-OBJ(ST)/40987/20 IN FA/1102/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS NAMDEO DNYANOBA YALGATTE AND 6 FIRST APPEAL NO.1185 OF 2016 WITH FA/1192/2016 WITH FA/1190/2016 WITH FA/1189/2016 WITH FA/1187/2016 WITH FA/1186/2016 THE STATE OF MAHARASHTRA VERSUS KONDIBA SAMBHAJI KENDRE AND OTHERS AND 7 FIRST APPEAL NO.1533 OF 2016 WITH FA/1535/2016 WITH FA/1534/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS MADHAV BALAJI JAGTAP AND 8 FIRST APPEAL NO.1752 OF 2016 THE STATE OF MAHARASHTRA AND ANR VERSUS DNYANESHWAR JAYAVANTRAO KAPSE AND 9 FIRST APPEAL NO.1895 OF 2016 WITH CA/12131/2015 IN FA/1895/2016 WITH FA/1896/2016 ( 3 ) fa2392.10 WITH CA/12133/2015 IN FA/1896/2016 THE STATE OF MAHARASHTRA AND ANOTHER VERSUS MOHMAD RASHAD PATHAN AND OTHERS AND 10 FIRST APPEAL NO.2585 OF 2016 THE STATE OF MAHARASHTRA AND ORS VERSUS SAMBHAJI KRISHNA MANALE AND 11 FIRST APPEAL NO.2597 OF 2016 WITH FA/2601/2016 WITH FA/2602/2016 WITH FA/2612/2016 WITH FA/2606/2016 WITH FA/2609/2016 WITH FA/2610/2016 WITH FA/2611/2016 WITH FA/2607/2016 WITH FA/2604/2016 WITH FA/2598/2016 WITH FA/2600/2016 WITH FA/2599/2016 WITH FA/2603/2016 WITH FA/2605/2016 WITH FA/2608/2016 THE STATE OF MAHARASHTRA AND OTHERS VERSUS RAOSAHEB BAPURAO MANE AND 12 FIRST APPEAL NO.2097 OF 2017 WITH X-OBJ(ST)/36649/20 IN FA/2097/2017 THE STATE OF MAHARASHTRA AND ORS VERSUS SOMNATH KONDIRAMAPPA KAPALE AND 13 FIRST APPEAL NO.3309 OF 2017 THE STATE OF MAHARASHTRA AND ORS VERSUS HANMANTRAO VENKATRAO PATIL AND ORS AND 14 FIRST APPEAL NO.3376 OF 2017 WITH CA/16254/2010 IN FA/3376/2017 WITH FA/3380/2017 WITH CA/16252/2010 IN FA/3380/2017 WITH FA/3379/2017 ( 4 ) fa2392.10 WITH CA/16256/2010 IN FA/3379/2017 WITH FA/3378/2017 WITH CA/16258/2010 IN FA/3378/2017 WITH FA/3381/2017 WITH CA/16250/2010 IN FA/3381/2017 WITH FA/3377/2017 WITH CA/16260/2010 IN FA/3377/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS RAOSAHEB GANPATI METE AND 15 FIRST APPEAL NO.3652 OF 2017 WITH FA/3655/2017 WITH FA/3657/2017 WITH FA/3658/2017 WITH FA/3654/2017 WITH FA/3653/2017 WITH FA/3659/2017 WITH FA/3656/2017 THE STATE OF MAHARASHTRA AND ANR VERSUS HARISCHANDRA TUKARAM SHINDE AND 16 CIVIL APPLICATION NO.7058 OF 2010 IN FAST/12218/2010 WITH CA/7059/2010 IN FAST/12218/2010 THE STATE OF MAHARASHTRA AND ANR VERSUS VIJAYKUMAR RAMKISHAN UGILE AND ORS AND 24 FIRST APPEAL NO.527 OF 2023 WITH CA/1358/2012 IN FAST/35947/2010 WITH CA/1357/2012 IN FAST/35950/2010 WITH CA/1361/2012 IN FA/524/2023 WITH CA/1356/2012 IN FAST/35938/2010 WITH CA/1359/2012 IN FA/526/2023 WITH CA/1362/2012 IN FA/523/2023 WITH CA/ 1354/2012 IN FA/521/2023 WITH CA/1353/2012 IN FA/528/2023 WITH CA/1355/2012 IN FA/522/2023 WITH CA/1360/2012 IN FA/525/2023 WITH CA/1363/2012 IN FA/527/2023 WITH FA/525/2023 WITH CA/18251/2010 IN FAST/35938/2010 WITH FA/522/2023 WITH FA/521/2023 WITH CA/18250/2010 IN FAST/35947/2010 WITH CA/18247/2010 IN FAST/35950/2010 WITH FA/526/2023 WITH FA/528/2023 WITH FA/523/2023 WITH FA/524/2023 ( 5 ) fa2392.10
Legal Reasoning
THE STATE OF MAHARASHTRA AND ANR VERSUS GOVIND GANGARAM KAMBLE ... Mr.A. B. Chate, AGP for the appellants Mr. Ashwin Sakolkar, Advocate with Mr. H. B. Nandagavale, Advocate h/ f Mr. V. G. Sakolkar, Advocate for the respondent in Sr. No.1,2 and 6 Smt. M. B. Gangwal, Advocate for the claimant GMIDC in Sr. No. 24 Mrs. Shobha Jadhav, Dy. Divisional Officer, Latur is present
Decision
O R D E R (11th FEBRUARY, 2023) Civil Applications for delay:- 1. 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. Mrs. Shobha Jadhav, Dy. Divisional Officer, Latur is present. 2. Mr. Chate, learned AGP submits that above numbered group of appeals is squarely covered by Government Resolution No. Sankirna- 2014/pra.kra4/Bham-1/A-4 dated 03-11-2016 with Government ( 6 ) fa2392.10 Corrigendum dated 23-02-2017 and 13-08-2018 to the said Government Resolution. Hence, the group 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 the amount is not deposited within six weeks, then it shall carry the interest in terms of Section 28 or 34 of the Act, as the case may be. If 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. ( 7 ) fa2392.10 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 of Maharashtra Court Fees Act, 1959. 9. In view of withdrawal of these appeals, pending civil 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/fa2392.10