State of Maharashtra Vs Ramkishan Dagdu Kalaskar — Bombay HC (2024) — LawSathi Research

State of Maharashtra Vs Ramkishan Dagdu Kalaskar — Bombay HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Both First Appeals disposed of as withdrawn without costs; any amount lying with the appellate Court to be transmitted to the reference Court, or deposited there within six months if not deposited; original claimants entitled to withdraw the deposited compensation with accrued interest, the reference Court to disburse it without any formal application; pending civil applications disposed of; court fee refund certificate under the Maharashtra Court Fees Act.

Issue for consideration

Whether the First Appeals could be withdrawn and disposed of pursuant to the Government of Maharashtra policy decision embodied in Government Resolution No. Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 03.11.2016 and its corrigenda. +1 more

Court's answer

The appellant/State withdrew the appeals pursuant to the policy decision taken by the Government of Maharashtra under the cited Government Resolution, and the statement made by the learned AGP was accepted by both parties in consonance with the recitals in the Government Resolution.

Ratio / Principle

In view of the foregoing (policy coverage and the fact that the entire appeal amount stood deposited and withdrawn), the appeals were fit to be disposed of before the National Lok Adalat.

Key takeaways

Any amount lying with the appellate Court is to be transmitted by its office to the reference Court.ratio¶¶17
If any amount is not deposited with the Court, it shall be deposited in the reference Court within a period of six months from receipt of this order.ratio¶¶17
The original claimants are entitled to withdraw the deposited compensation amount with accrued interest, and the reference Court shall disburse it without requiring any formal application from them and without reference to this Court.

Detailed headnote1 paragraphs

Lok Adalat award (National Lok Adalat, 14.12.2024, High Court Legal Services Sub-Committee, Aurangabad): First Appeal Nos. 1823 and 1824 of 2010 (State of Maharashtra v. Ramkishan Dagdu Kalaskar). The appellant-State withdrew both appeals in reliance on Government Resolution No. Sankirna-2014/pra.kra.4/Bham-1/A-4 dated 03.11.2016 and its corrigenda of 23.02.2017 and 13.08.2018; the panel (A.R. Borulkar, Advocate; S.G. Shete and V.B. Mantri, Retd. District Judges) accepted the AGP's statement, both parties concurring. The entire appeal amount had already been deposited and withdrawn by the original claimants. Directions: any amount lying with the appellate Court to be transmitted to the reference Court, failing which to be deposited there within six months; claimants entitled to withdraw the deposited compensation with accrued interest; reference Court to disburse without formal application. Appeals disposed of as withdrawn, no costs; pending civil applications disposed of; court fee refund certificate under the Maharashtra Court Fees Act; award to be drawn up accordingly.

1 134fa1823.10 & 1824

IN THE NATIONAL LOK ADALAT PRESIDED OVER BY HON’BLE SHRI V.B. MANTRI (RETD. DISTRICT JUDGE) HELD ON 14.12.2024 AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE, AURANGABAD.

134 FIRST APPEAL NO. 1823 OF 2010 WITH FIRST APPEAL NO. 1824 OF 2010

STATE OF MAHARASHTRA VERSUS

RAMKISHAN DAGDU KALASKAR

AGP for Appellant/State : Mr. A.M.Phule Advocate for Respondent Nos. 1A to 1E and 2 & 4 : Mr. Shinde Bhagwat A.

O R D E R

(14th DECEMBER, 2024)

These appeals are placed before today’s National Lok

Adalat by the appellant/State.

Today Mr. Pavan Prakash Patil, Assistant Engineer

Grade-I, Majalgaon, Minor Division No. 10, Parbhani, along with Additional Government Pleader Mr. Phule for the Appellant/State are present before the Panel of Lok Adalat.

The learned AGP for the appellants/State, on instructions, submits that the appeals are squarely covered by the Government Resolution No. Sankirna-2014/ pra.kra.4/ Bham-

2 134fa1823.10 & 1824

1/A-4 dated 3^rd November, 2016 with Government Corrigendum dated 23^rd February, 2017 and 13^th August, 2018 to the said Government Resolution. The learned AGP further submits that the appeals can be withdrawn as per the policy decision taken by the Government of Maharashtra. Accordingly, the State is withdrawing these appeals. The statement made by learned AGP is accepted to both the parties in consonance with the recitals in the Government Resolution.

The learned AGP for the State further submits that entire amount in these appeals has been deposited in the Court and later on withdrawn by the original claimants by obtaining orders from the this Court. He further submits that, in these circumstances, nothing survives in these appeals.

In view of the above, the appeals are fit to be disposed of before this National Lok Adalat. However, before deposing of the appeals, it is clarified that, in case, any amount is lying with this Court, the office of this Court is directed to transmit the same to the reference Court. It is further clarified that, in case any amount is not deposited in the Court, the same shall be deposited in reference Court within a period of six months from the receipt of this order. The claimants are entitled to withdraw the deposited

3 134fa1823.10 & 1824

compensation amount alongwith accrued interest. The reference Court shall disburse the said amount alongwith accrued interest to the original claimants without requiring any formal application from them and without reference to this Court.

The First Appeals stand disposed off as withdrawn. No order as to costs.

Consequently, pending Civil Applications, if any, shall also be disposed of.

Award be drawn up accordingly.

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

(A.R.BORULKAR) ( S.G.SHETE ) ( V.B. MANTRI ) Advocate D.J. (Retd.) D.J. (Retd.) Member Member Head of the Panel

Date : 14.12.2024 Place : Aurangabad.

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