Appeals filed by the State of Maharashtra before a National Lok Adalat were disposed of as they were allowed to be withdrawn pursuant to a Government Resolution. The court awarded the deposit and ordered refund of court fees.
Appeals allowed to be withdrawn and disposed of; Court fees be refunded.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
1 81FA1150.09.odt
IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE S.G.DIGE, J. HELD ON 11th DECEMBER, 2021
AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD
FIRST APPEAL NO. 1150 OF 2009
WITH
FIRST APPEAL NO. 1151 OF 2009
WITH
FIRST APPEAL NO. 1153 OF 2009
WITH
FIRST APPEAL NO. 1154 OF 2009
WITH
FIRST APPEAL NO. 1152 OF 2009
STATE OF MAHARASHTRA
VERSUS
BHAU WAMAN PANDIT
O R D E R
1]These Appeals are placed before us in today’s National Lok
Adalat with the consent of the parties.
2]Mr. A.M. Phule, learned AGP for State and Mr. Anand
Dattatraya Shahane, Sub-Divisional Officer, Selu, District Parbhani are
present.
3]Learned AGP submits that as per the Government
Resolution No. Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 3rd
November, 2016 with Government Corrigendum dated 23rd February,
2017 and Government Resolution dated 13th August, 2018, the State
Government is withdrawing these appeals.
4]The learned AGP for the State submits that entire amount in
2 81FA1150.09.odt
these appeals has been deposited.
5]Learned Counsel for claimant / respondent submits that
directions be given to the Registry to verify if cross objection is on record
or not.
6]Learned AGP submits that Appeals are filed by the State and
State wants to withdraw the Appeals as per the Government Resolution,
so no question of cross objection arises.
7]We are of the view that as appeals are filed by the State and
State wants to withdraw these appeals as per the said Government
Resolution, hence, appeals are allowed to withdraw and accordingly
disposed of.
8]Court fees be refunded as per Rules.
( S.P. Brahme ) ( V. B. Mantri ) (S.G.DIGE, J. )
Advocate District Judge (Retd.) Head of the Panel
Member Member
Date : 11.12.2021
Place : Aurangabad.
SPC
3 issues framed by the court
Whether appeals filed by the State can be allowed to be withdrawn under Government Resolution.
Whether court fees are to be refunded upon withdrawal of appeals.
Whether recall orders require regularization to be withdrawn.
STATE OF MAHARASHTRA
BHAU WAMAN PANDIT
S.G.DIGE (J.)
S.P. Brahme
V. B. Mantri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court