Disposed

The State of Mah and Anr. v. Sakharam Devrao Garad

Bombay HC12 Nov 2022CA/6992/2010

Case brief

AI extract

What is this about?

These appeals were disposed of at the National Lok Adalat as withdrawn by the State Government following an amicable settlement and deposit of the awarded amount, pending refund of court fees and disposal of related condonation applications.

What did the court decide?

Appeals disposed of as withdrawn; delay condoned; office to register appeals; refund certificate to be issued; pending civil applications disposed of.

The State of Mah and Anr. Vs Sakharam Devrao Garad — Writ and Judicial Review | Bombay HC (2022)

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( 1 ) fa1227.15

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IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 12.11.2022,

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AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE AT AURANGABAD

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17 FIRST APPEAL NO.1227 OF 2015

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THE STATE OF MAHARASHTRA AND ANOTHER VERSUS

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BHIWA DEOBA WAGHMARE AND OTHERS AND

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18 FIRST APPEAL NO.1420 OF 2015

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THE STATE OF MAHARASHTRA AND ANOTHER VERSUS

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SOPAN EKNATH KENDRE, L.RS. YAMUNABAI AND ANOTHER AND

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19 CIVIL APPLICATION NO.10749 OF 2009 IN FAST/18757/2009 WITH CA/10750/2009 IN FAST/18757/2009

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THE STATE OF MAH AND ORS VERSUS

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MAROTI KHANDU THORE AND ORS AND

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20 CIVIL APPLICATION NO.6981 OF 2010

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IN FAST/11796/2010 WITH CA/5562/2011 IN FAST/11740/2010 WITH CA/5559/2011 IN FAST/11793/2010 WITH CA/6983/2010 IN FAST/11793/2010 WITH CA/6984/2010 IN FAST/11793/2010 WITH CA/6992/2010 IN FAST/11803/2010 WITH CA/6991/2010 IN FAST/11803/2010 WITH CA/2157/2011 IN FAST/11811/2010 WITH CA/6998/2010 IN FAST/11790/2010 WITH CA/6985/2010 IN FAST/11811/2010 WITH CA/6990/2010 IN FAST/11740/2010 WITH CA/6986/2010 IN FAST/11811/2010 WITH CA/6989/2010 IN FAST/11740/2010 WITH CA/6993/2010 IN FAST/11816/2010

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( 2 ) fa1227.15

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WITH CA/6994/2010 IN FAST/11816/2010 WITH CA/6987/2010 IN FAST/11799/2010 WITH CA/6982/2010 IN FAST/11796/2010 WITH CA/5567/2011 IN FAST/11796/2010 WITH CA/5563/2011 IN FAST/11803/2010 WITH CA/5564/2011 IN FAST/11816/2010 WITH CA/5565/2011 IN FAST/11790/2010 WITH CA/6997/2010 IN FAST/11790/2010

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THE STATE OF MAH AND ANR VERSUS LAXMAN HANMANTRAO GARAD

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Mr.A. M. Phule, AGP for the appellants

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Mr. H. B. Nandgavale, Advocate h/f Mr. V. G. Sakolkar, Advocate for the respondent No.1

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Dr. Kalpalata Patil-Bharaswadkar, Advocate for intervention in respective matter/s

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Civil Application for condonation of delay:-

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Having regard to the reasons mentioned in the application and as the parties are arrived at amicable settlement, it is desirable to condone the delay, the delay stands condoned. The civil applications for condonation of delay in respective appeals stand disposed off. Office to register the appeals.

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Appeals:-

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These appeals are placed before us in today’s National LokAdalat. Mr. P. S. Mengshetti, Dy. Collector, Latur is present.

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( 3 ) fa1227.15

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Mr. Phule, learned AGP submits that above numbered group of appeals is squarely covered by Government Resolution No. Sankirna2014/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 group of appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals.

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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 survived in these appeals.

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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 one year in the concerned Reference Court. 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.

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The first appeals stand disposed off as withdrawn.

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( 4 ) fa1227.15

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No order as to costs.

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The court fee refund certificate be issued as per the provisions under the of Maharashtra Court Fees Act, 1959.

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In view of withdrawal of these appeals, pending civil applications, if any stand disposed off.

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[ A. R. BORULKAR ] [ S. G. SHETE ] [ KISHORE C. SANT, J. ] Advocate DJ (Retd.) Head of Panel Member Member

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VishalK/fa1227.15

The State of Mah and Anr. v. Sakharam Devrao Garad

Case brief

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The State of Mah and Anr. v. Sakharam Devrao Garad

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