Allowed

The State of Mah v. Hari Satawa Dharam

Bombay HC9 Sept 2023CA/10337/2012

Case brief

AI extract

What is this about?

The National Lok Adalat disposed of group appeals filed by the State as withdrawn pursuant to a Government Resolution policy, with the State depositing the entire amount. The court clarified that any remaining funds would be transmitted to the reference court within six months for disbursement to claimants and directed issuance of a court fee refund certificate. No order as to costs.

What did the court decide?

Appeals disposed as withdrawn. Any amount with the court to be transmitted to reference court within 6 months. Court fee refund certificate directed.

The State of Mah Vs Hari Satawa Dharam — Civil Procedure and Limitation | Bombay HC (2023)

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2023:BHC-AUG:20355

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( 1 ) ca10332.12

¶3

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI JUSTICE KISHORE C. SANT, HELD ON 09.09.2023,

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AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE
AT AURANGABAD

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73 CIVIL APPLICATION NO.10332 OF 2012
IN FAST/20461/2012 WITH CA/10331/2012 IN
FAST/20461/2012

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THE STATE OF MAH

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VERSUS

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NAMA MARUTI KHATAKE, DIED THR. L.RS. BHAGWAT AND ORS
AND

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74 CIVIL APPLICATION NO.10338 OF 2012
IN FAST/20455/2012 WITH CA/10347/2012 IN
FAST/20431/2012 WITH CA/1016/2016 IN FAST/20431/2012
WITH CA/10337/2012 IN FAST/20455/2012

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THE STATE OF MAH VERSUS

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HARI SATAWA DHARAM

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Mr. A. M. Phule, Advocate for the appellant/State

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Mr. Gangaram Talpade, Deputy Collector, Ahmednagar
Mr. Shyam Nivrutti Sonwane, Sub-Divisional Water Conservation Officer,
Sub-Division, Parner

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O R D E R

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(09th SEPTEMBER, 2023)

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1.These appeals are placed before the National Lok Adalat by
the appellant/State.

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( 2 ) ca10332.12

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2.Mr. Phule, learned AGP for the appellant/State submitted
that the above numbered group of appeals is squarely covered by the
Government Resolution NO. Sankirna-2014/Pra.Kra4/Bham-1/A-4 dated
3rd November, 2016 with Government Corrigendum dated 23rd February,
2017 and 13th August, 2018 to the said Government Resolution. In turn,
this 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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3.The learned AGP for the State submits that entire amount in
these appeals has been deposited and later on withdrawn by the original
claimants by obtaining orders from this court. He further submits that in
these circumstances, nothing survived in these appeals.

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4.However, before disposing the appeals, it is further clarified
that, in case, any amount is lying with this court, then the same shall be
transmitted to the reference court within 6 months. The reference court
shall disburse the said amount to the original claimants on their
applications. The claimants are at liberty to make application before the
reference court and withdraw the said amount.

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5.The above numbered appeals stand disposed off as
withdrawn. No order as to costs.

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( 3 ) ca10332.12

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

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

¶25

VishalK/ca10332.12

The State of Mah v. Hari Satawa Dharam

Case brief

What is this about?

What did the court decide?

The State of Mah v. Hari Satawa Dharam

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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