Allowed

The State of Mah and Anr. v. Kondiram Hanmantrao Narhare

Bombay HC9 Dec 2023CA/1936/2013

Case brief

AI extract

What is this about?

In a National Lok Adalat, the high court disposed of 34 pending first appeals and civil applications regarding land acquisition. The appellant State withdrew appeals based on a Government Resolution, leading to the court allowing withdrawals, condoning delays, refunding deposits, and dismissing opposing civil applications.

What did the court decide?

All first appeals and pending civil applications disposed of as withdrawn; delay condoned; deposits and court fees refunded.

The State of Mah and Anr. Vs Kondiram Hanmantrao Narhare — Land Acquisition | Bombay HC (2023)

¶1

2023:BHC-AUG:26382

¶2

1to34 Latur

¶3

 IN THE NATIONAL LOK ADALAT PRESIDED OVER BY
HON’BLE SHRI JUSTICE SHAILESH P. BRAHME
HELD ON 9TH DECEMBER, 2023.

¶4

AT THE HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AURANGABAD

¶5

1 FIRST APPEAL NO.3218 OF 2016

¶6

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶7

VERSUS

¶8

JALBA ARJUN KALE

¶9

AND

¶10

2 FIRST APPEAL NO.3220 OF 2016

¶11

THE STATE OF MAHARASHTRA AND ANR

¶12

VERSUS

¶13

PRALHAD VITTHAL KALE

¶14

AND

¶15

3 FIRST APPEAL NO.3364 OF 2016
WITH X-OBJ(ST)/24570/20 IN FA/3364/2016

¶16

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶17

VERSUS

¶18

ROHIDAS VITTHAL KALE

¶19

AND

¶20

4 FIRST APPEAL NO.3365 OF 2016
WITH X-OBJ(ST)/24577/20 IN FA/3365/2016

¶21

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶22

VERSUS

¶23

UDHAV GOVIND KALE

¶24

AND

¶25

5 FIRST APPEAL NO.3366 OF 2016
WITH X-OBJ(ST)/24569/20 IN FA/3366/2016

¶26

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶27

VERSUS

¶28

DEVIDAS VITTHAL KALE

¶29

AND

¶30

6 FIRST APPEAL NO.3367 OF 2016
WITH X-OBJ(ST)/24568/20 IN FA/3367/2016

¶31

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶32

VERSUS

¶33

SUDHAKAR GOVIND KALE

¶34

AND

¶35

7 FIRST APPEAL NO.3368 OF 2016
WITH X-OBJ(ST)/24576/20 IN FA/3368/2016

¶36

Page 1 of 8

¶37

1to34 Latur

¶38

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶39

VERSUS

¶40

VITTHAL SHRAWAN KALE

¶41

AND

¶42

8 FIRST APPEAL NO.150 OF 2017

¶43

WITH X-OBJ(ST)/1889/201 IN FA/150/2017

¶44

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶45

VERSUS

¶46

RAMRAO APPARAO KULKARNI

¶47

AND

¶48

9 FIRST APPEAL NO.151 OF 2017
WITH X-OBJ(ST)/1888/201 IN FA/151/2017

¶49

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶50

VERSUS

¶51

SHANKARRAO APPARAO KULKARNI

¶52

AND

¶53

10 CIVIL APPLICATION NO.966 OF 2009

¶54

IN RC/1329/2003

¶55

THE STATE OF MAHARASHTRA

¶56

VERSUS

¶57

RAM SAMBHAJI BHOSALE

¶58

AND

¶59

13 CIVIL APPLICATION NO.11277 OF 2011

¶60

IN FIRST APPEAL (ST.) NO.16685/2011 WITH CIVIL APPLICATION NO.11274/2011
IN FIRST APPEAL (ST.) NO.16666/2011 WITH CIVIL APPLICATION NO.11271/2011
IN FIRST APPEAL (ST.) NO.16678/2011 WITH CIVIL APPLICATION NO.11272/2011
IN FIRST APPEAL (ST.) NO.16678/2011 WITH CIVIL APPLICATION NO.11275/2011
IN FIRST APPEAL (ST.) NO.16681/2011 WITH CIVIL APPLICATION NO.11276/2011
IN FIRST APPEAL (ST.) NO.16681/2011 WITH CIVIL APPLICATION NO.11278/2011
IN FIRST APPEAL (ST.) NO.16685/2011 WITH CIVIL APPLICATION NO.11279/2011
IN FIRST APPEAL (ST.) NO.16689/2011 WITH CIVIL APPLICATION NO.11280/2011
IN FIRST APPEAL (ST.) NO.16689/2011 WITH CIVIL APPLICATION NO.11269/2011
IN FIRST APPEAL (ST.) NO.16692/2011 WITH CIVIL APPLICATION NO.11270/2011
IN FIRST APPEAL (ST.) NO.16692/2011

¶61

THE STATE OF MAHARSHTRA AND ANR

¶62

VERSUS

¶63

MADHUKAR SHANKARRAO MOHITE

¶64

AND

¶65

14 CIVIL APPLICATION NO.11449 OF 2011

¶66

IN FIRST APPEAL (ST.) NO.16131/2011 WITH CIVIL APPLICATION NO.11450/2011
IN FIRST APPEAL (ST.) NO.16131/2011 WITH CIVIL APPLICATION NO.11451/2011
IN FIRST APPEAL (ST.) NO.16135/2011 WITH CIVIL APPLICATION NO.11452/2011

¶67

IN FIRST APPEAL (ST.) NO.16135/2011

¶68

Page 2 of 8

¶69

1to34 Latur

¶70

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶71

VERSUS

¶72

VITHAL BHAURAO JADHAV

¶73

AND

¶74

15 CIVIL APPLICATION NO.12756 OF 2011

¶75

IN FIRST APPEAL (ST.) NO.23698/2011 WITH CIVIL APPLICATION NO.12757/2011
IN FIRST APPEAL (ST.) NO.23698/2011

¶76

THE STATE OF MAHARASHTRA AND ANR

¶77

VERSUS

¶78

RAMESH MADHAVRAO PATIL AND ORS

¶79

AND

¶80

16 CIVIL APPLICATION NO.12981 OF 2011

¶81

IN FIRST APPEAL (ST.) NO.23700/2011 WITH CIVIL APPLICATION NO.12982/2011
IN FIRST APPEAL (ST.) NO.23700/2011

¶82

THE STATE OF MAHARASHTRA THR. COLLECTOR, LATUR AND ANR

¶83

VERSUS

¶84

ANANT NARSING KADAM AND ANR

¶85

AND

¶86

17 CIVIL APPLICATION NO.13817 OF 2011
IN FIRST APPEAL (ST.) NO.25473/2011

¶87

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR

¶88

VERSUS

¶89

GOVIND SHRAWAN KALE

¶90

AND

¶91

18 CIVIL APPLICATION NO.1935 OF 2013

¶92

IN FIRST APPEAL (ST.) NO.33619/2012 WITH CIVIL APPLICATION NO.1936/2013
IN FIRST APPEAL (ST.) NO.33619/2012

¶93

THE STATE OF MAHARASHTRA AND ANR

¶94

VERSUS

¶95

KONDIRAM HANMANTRAO NARHARE
AND

¶96

19 CIVIL APPLICATION NO.2780 OF 2013

¶97

IN FIRST APPEAL (ST.) NO.1071/2013 WITH CIVIL APPLICATION NO.2781/2013 IN
FIRST APPEAL (ST.) NO.1071/2013

¶98

THE STATE OF MAHARASHTRA AND ORS

¶99

VERSUS

¶100

MANIK GUNAJI DAHIPHALE, DIED THR. L.RS. MANJULABAI AND ORS

¶101

AND

¶102

20 CIVIL APPLICATION NO.2786 OF 2013

¶103

IN FIRST APPEAL (ST.) NO.1074/2013 WITH CIVIL APPLICATION NO.2787/2013 IN
FIRST APPEAL (ST.) NO.1074/2013

¶104

Page 3 of 8

¶105

1to34 Latur

¶106

THE STATE OF MAHARASHTRA AND ANR

¶107

VERSUS

¶108

JANARDHAN GUNAJI DAHIPHALE, DIED THR. L.R. SUJANBAI

¶109

AND

¶110

22 CIVIL APPLICATION NO.3531 OF 2013

¶111

IN FIRST APPEAL (ST.) NO.1987/2013 WITH CIVIL APPLICATION NO.3533/2013 IN
FIRST APPEAL (ST.) NO.1917/2013 WITH CIVIL APPLICATION NO.3534/2013 IN
FIRST APPEAL (ST.) NO.1917/2013 WITH CIVIL APPLICATION NO.3529/2013 IN
FIRST APPEAL (ST.) NO.1979/2013 WITH CIVIL APPLICATION NO.3530/2013 IN
FIRST APPEAL (ST.) NO.1979/2013 WITH CIVIL APPLICATION NO.3527/2013 IN
FIRST APPEAL (ST.) NO.1983/2013 WITH CIVIL APPLICATION NO.3528/2013 IN
FIRST APPEAL (ST.) NO.1983/2013 WITH CIVIL APPLICATION NO.3532/2013 IN
FIRST APPEAL (ST.) NO.1987/2013

¶112

THE STATE OF MAHARASHTRA AND ORS

¶113

VERSUS

¶114

LAXMAN NARU PAWAR AND ANR

¶115

AND

¶116

23 CIVIL APPLICATION NO.3668 OF 2013

¶117

IN FIRST APPEAL (ST.) NO.1994/2013 WITH CIVIL APPLICATION NO.3670/2013 IN
FIRST APPEAL (ST.) NO.1920/2013 WITH CIVIL APPLICATION NO.3671/2013 IN
FIRST APPEAL (ST.) NO.1920/2013 WITH CIVIL APPLICATION NO.3669/2013 IN
FIRST APPEAL (ST.) NO.1994/2013

¶118

THE STATE OF MAHARASHTRA AND ORS

¶119

VERSUS

¶120

PRALHAD TUKARAM BOMBADE

¶121

AND

¶122

24 CIVIL APPLICATION NO.5954 OF 2013

¶123

IN FIRST APPEAL (ST.) NO.5874/2013 WITH CIVIL APPLICATION NO.5955/2013 IN
FIRST APPEAL (ST.) NO.5874/2013 WITH CIVIL APPLICATION NO.5956/2013 IN
FIRST APPEAL (ST.) NO.5934/2013 WITH CIVIL APPLICATION NO.5957/2013 IN
FIRST APPEAL (ST.) NO.5934/2013

¶124

THE STATE OF MAHARASHTRA AND ANOTHER

¶125

VERSUS

¶126

YASHWANT NAGORAO BHOSALE AND ANOTHER

¶127

AND

¶128

25 CIVIL APPLICATION NO.8244 OF 2013

¶129

IN FIRST APPEAL (ST.) NO.16109/2013 WITH CIVIL APPLICATION NO.8245/2013
IN FIRST APPEAL (ST.) NO.16109/2013

¶130

THE STATE OF MAHARASHTRA AND ANOTHER

¶131

VERSUS

¶132

DHONDIBA LINGRAM MANE

¶133

AND

¶134

26 CIVIL APPLICATION NO.10175 OF 2013

¶135

IN FIRST APPEAL (ST.) NO.18679/2013 WITH CIVIL APPLICATION NO.10176/2013

¶136

Page 4 of 8

¶137

1to34 Latur

¶138

IN FIRST APPEAL (ST.) NO.18679/2013

¶139

THE STATE OF MAHARASHTRA AND OTHERS

¶140

VERSUS

¶141

BALIRAM GANPATI SURYAWANSHI

¶142

AND

¶143

27 CIVIL APPLICATION NO.11054 OF 2013

¶144

IN FIRST APPEAL (ST.) NO.21278/2013 WITH CIVIL APPLICATION NO.11057/2013
IN FIRST APPEAL (ST.) NO.21272/2013 WITH CIVIL APPLICATION NO.11056/2013
IN FIRST APPEAL (ST.) NO.21272/2013 WITH CIVIL APPLICATION NO.11055/2013
IN FIRST APPEAL (ST.) NO.21278/2013

¶145

THE STATE OF MAHARASHTRA AND ANOTHER

¶146

VERSUS

¶147

BASWANT KONDIBA DIED LRS BHAGABAI BASWANT BIRAJDAR

¶148

AND

¶149

28 CIVIL APPLICATION NO.4643 OF 2014

¶150

IN FIRST APPEAL (ST.) NO.7069/2014 WITH CIVIL APPLICATION NO.4641/2014 IN
FIRST APPEAL (ST.) NO.7007/2014 WITH CIVIL APPLICATION NO.4645/2014 IN
FIRST APPEAL (ST.) NO.7051/2014 WITH CIVIL APPLICATION NO.4653/2014 IN
FIRST APPEAL (ST.) NO.7056/2014 WITH CIVIL APPLICATION NO.4651/2014 IN
FIRST APPEAL (ST.) NO.7060/2014 WITH CIVIL APPLICATION NO.4649/2014 IN
FIRST APPEAL (ST.) NO.7064/2014 WITH CIVIL APPLICATION NO.4647/2014 IN
FIRST APPEAL (ST.) NO.7075/2014

¶151

THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANOTHER
VERSUS

¶152

GOVIND DEORAO KENDRE

¶153

AND

¶154

29 CIVIL APPLICATION NO.6505 OF 2014

¶155

IN FIRST APPEAL (ST.) NO.7674/2014 WITH CIVIL APPLICATION NO.6506/2014 IN
FIRST APPEAL (ST.) NO.7674/2014 WITH CIVIL APPLICATION NO.6507/2014 IN
FIRST APPEAL (ST.) NO.7677/2014 WITH CIVIL APPLICATION NO.6508/2014 IN
FIRST APPEAL (ST.) NO.7677/2014 WITH CIVIL APPLICATION NO.6509/2014 IN
FIRST APPEAL (ST.) NO.7683/2014 WITH CIVIL APPLICATION NO.6510/2014 IN
FIRST APPEAL (ST.) NO.7683/2014 WITH CIVIL APPLICATION NO.6511/2014 IN
FIRST APPEAL (ST.) NO.7686/2014 WITH CIVIL APPLICATION NO.6512/2014 IN
FIRST APPEAL (ST.) NO.7686/2014 WITH CIVIL APPLICATION NO.6513/2014 IN
FIRST APPEAL (ST.) NO.7697/2014 WITH CIVIL APPLICATION NO.6514/2014 IN
FIRST APPEAL (ST.) NO.7697/2014 WITH CIVIL APPLICATION NO.6515/2014 IN
FIRST APPEAL (ST.) NO.7701/2014 WITH CIVIL APPLICATION NO.6516/2014 IN
FIRST APPEAL (ST.) NO.7701/2014

¶156

THE STATE OF MAHARASHTRA AND ANOTHER

¶157

VERSUS

¶158

BHAGWAT LIMBAJI SURYAWANSHI

¶159

AND

¶160

30 CIVIL APPLICATION NO.6517 OF 2014

¶161

Page 5 of 8

¶162

1to34 Latur

¶163

IN FIRST APPEAL (ST.) NO.7658/2014 WITH CIVIL APPLICATION NO.6518/2014 IN
FIRST APPEAL (ST.) NO.7658/2014

¶164

THE STATE OF MAHARASHTRA THROUGH COLLECTOR LATUR AND ANOTHER
VERSUS

¶165

BHAIRU VISHNU SURYAWANSHI

¶166

AND

¶167

31 CIVIL APPLICATION NO.11837 OF 2014

¶168

IN FIRST APPEAL (ST.) NO.27224/2014 WITH CIVIL APPLICATION NO.11838/2014
IN FIRST APPEAL (ST.) NO.27224/2014 WITH CIVIL APPLICATION NO.11845/2014
IN FIRST APPEAL (ST.) NO.27300/2014 WITH CIVIL APPLICATION NO.11846/2014
IN FIRST APPEAL (ST.) NO.27300/2014 WITH CIVIL APPLICATION NO.11839/2014
IN FIRST APPEAL (ST.) NO.27303/2014 WITH CIVIL APPLICATION NO.11840/2014
IN FIRST APPEAL (ST.) NO.27303/2014 WITH CIVIL APPLICATION NO.11841/2014
IN FIRST APPEAL (ST.) NO.27311/2014 WITH CIVIL APPLICATION NO.11842/2014
IN FIRST APPEAL (ST.) NO.27311/2014 WITH CIVIL APPLICATION NO.11843/2014
IN FIRST APPEAL (ST.) NO.27314/2014 WITH CIVIL APPLICATION NO.11844/2014
IN FIRST APPEAL (ST.) NO.27314/2014

¶169

THE STATE OF MAHARASHTRA AND OTHERS

¶170

VERSUS

¶171

BALAJI BABURAO JADHAV AND OTHERS

¶172

AND

¶173

32 CIVIL APPLICATION NO.103 OF 2015

¶174

IN FIRST APPEAL (ST.) NO.18514/2014 WITH CIVIL APPLICATION NO.101/2015 IN
FIRST APPEAL (ST.) NO.18685/2014 WITH CIVIL APPLICATION NO.97/2015 IN
FIRST APPEAL (ST.) NO.18689/2014 WITH CIVIL APPLICATION NO.99/2015 IN
FIRST APPEAL (ST.) NO.18733/2014

¶175

THE STATE OF MAHARASHTRA AND ANOTHER

¶176

VERSUS

¶177

MANOJ BABURAO PHAD

¶178

AND

¶179

33 CIVIL APPLICATION NO.16608 OF 2015

¶180

IN FIRST APPEAL (ST.) NO.35319/2015 WITH CIVIL APPLICATION NO.16609/2015
IN FIRST APPEAL (ST.) NO.35319/2015

¶181

THE STATE OF MAHARASHTRA AND ANOTHER

¶182

VERSUS

¶183

MEER USMANALI BAHADURALI AND ANOTHER

¶184

AND

¶185

34 CIVIL APPLICATION NO.4941 OF 2016
IN FIRST APPEAL (ST.) NO.3838/2016

¶186

THE STATE OF MAHARASHTRA AND ANR

¶187

VERSUS

¶188

NAGMURTI KRUSHNAJI VISHWAKARMA DIED THR LRS SONABAI AND OTHERS
AND

¶189

Page 6 of 8

¶190

1to34 Latur

¶191

920 FIRST APPEAL NO.3370 OF 2016

¶192

THE STATE OF MAHARASHTRA THR. COLLECTOR LATUR AND ANR
VERSUS

¶193

GOPINATH SHRAWAN KALE

¶194

Mr. P. S. Patil, AGP, Advocate for Appellants State
Mr. H. B. Nandagavale h/for Mr. V.G. Sakolkar, Advocate for the Respondents/
Claimants in matters at Sr. Nos. 1 to 9, 17,18, 28, 31 and 920,

¶195

Mr. Pravin Phulari, Sub Divisional Officer, Ahmedpur, present on behalf of the
Acquiring Body.

¶196

O R D E R

¶197

Mr. P. S. Patil, the learned AGP for Appellants State, Mr. Pravin Phulari,

¶198

Sub Divisional Officer, Ahmedpur, present on behalf of the Acquiring Body and Mr.
H. B. Nandagavale h/for Mr. V.G. Sakolkar, the learned Advocate for the
Respondents/ Claimants in matters at Sr. Nos. 1 to 9, 17,18, 28, 31 and 920, are
present today before the Lok Adala t.

¶199

On instructions, the learned AGP submits that these appeals are covered by the Government Resolution dated 03.11.2016 read with subsequent corrigendum dated 23.02.2017 and 13.08.2018. The Appellant-Acquiring Body seeks to withdraw the appeals in view of the said Government Resolution/policy.

¶200

As the matters are covered by the Government Resolution/Policy and can be permitted to withdraw, it is desirable to condone the delay. For the reasons stated in the applications, the delay is condoned. The office is directed to register the first appeals.

¶201

In view of the Government Resolution cited above, all the first appeals are

¶202

Page 7 of 8

¶203

1to34 Latur

¶204

disposed of as withdrawn. The X-objections to proceed further in accordance with
law.

¶205

The Respondents/claimants shall be at liberty to withdraw the amount deposited in this Court alongwith accrued interest.

¶206

Court fees be refunded as per Rules.

¶207

Award be drawn accordingly.

¶208

8. Pending Civil Applications also stand disposed of.

¶209

(A. R. BORULKAR)(S. G. SHETE )( SHAILESH P. BRAHME, J. )
AdvocateDistrict Judge Head of the Panel
Member(Retd.)
Member

¶210

Date: 09.12.2023

¶211

Place: Aurangabad

¶212

JPChavan

¶213

Page 8 of 8

The State of Mah and Anr. v. Kondiram Hanmantrao Narhare

Case brief

What is this about?

What did the court decide?

The State of Mah and Anr. v. Kondiram Hanmantrao Narhare

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Savita Hemraj More and Ors. vs Dipesh Pradip Patil and Ors.

Ramchandra Nilu Kadam vs the State of Maharashtra through the Collector Jalna and Ors.

Laxman Nilu Kadam vs the State of Maharashtra through the Collector, Jalna and Ors.

The State of Mah Vs Jamal Mohamed Shaikh and Ors.

The State of Maharashtra and Anr. Vs Devidas Madhav Ingale

The State of Maharashtra Vs Ram Sambhaji Bhosale