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  5. November

State of Mah vs. Shivaji Vitthal Jadhavar and Ors

Decided on 30 November 2024• Citation: FA/936/2006• Bombay High Court
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    2024:BHC-AUG:30163                                                            
                                                 ( 1 )          90-FA-701-2008    
                           IN THE NATIONAL LOK ADALAT PRESIDED OVER BY            
                               HON’BLE SHRI JUSTICE KISHORE C. SANT,              
                                   HELD ON 30th NOVEMBER 2024,                    
                           AT HIGH COURT LEGAL SERVICES SUB-COMMITTEE             
                                         AT AURANGABAD                            
                                   FIRST APPEAL NO. 936 OF 2006                   
                                        State Of Maharashtra                      
                                             VERSUS                               
                                   Shivaji Vitthal Jadhavar And Ors               
                                               ...                                
                    Ms. Neha Kamble, AGP for Appellant-State.                     
                    Mr.Ganesh S. Gidge, Nayab Tahsildar, Ambajogai, is present.   
                                            O R D E R                             
                                       (30th NOVEMBER 2024)                       
                    1.  This Appeal is placed before us in today’s Lok Adalat.    
                    2.  Ms. Neha Kamble, AGP for Appellant-State and Mr.Ganesh S. 
                    Gidge, Nayab Tahsildar, Ambajogai, are present in the Court.  
                    3.  The  learned Advocate for the Appellant-State submitted that
                    above numbered first appeal is squarely covered by 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 13th August 2018 to the said Government Resolution. In turn,
                    these appeal can be withdrawn as per the policy decision taken by the

                                                 ( 2 )          90-FA-701-2008    
                    Government of Maharashtra. Accordingly, the Appellant-State are
                    withdrawing this appeal. The Communication letter to that extent is
                    placed on record and marked “X” for identification.           
                    4.  The learned Advocate for the Appellant-State submits that the
                    entire amount of the compensation is deposited. The claimants are
                    entitled to receive the amount along with accrued interest thereon, if the
                    amount is not withdrawn by the claimants.                     
                    5.  However, before disposing of the appeals it is further clarified that
                    in case, if any, amount is lying with this Court, then same shall be
                    transmitted to the concerned reference Court. The Reference Court shall
                    disburse the said amount to the claimants without requiring any formal
                    application for withdrawal.                                   
                    6.  The learned Advocate for the Appellant-State further submits that
                    in these circumstances, nothing survive in this appeal, appeal stands
                    disposed of as withdrawn. No order as to costs.               
                    7.   Award be drawn up accordingly.                           
                    8.  In view of disposal of the appeal, pending civil applications, if any,
                    stand disposed off.                                           
                    9.  The Court fee refund certificate be issued as per the provisions

                                                 ( 3 )          90-FA-701-2008    
                    under the Maharashtra Court Fees Act.                         
                  [A. B. KADETHANKAR]   [S. G. SHETE]  [KISHORE C. SANT, J.]      
                        Advocate         DJ (Retd.)       Head of Panel           
                        Member            Member                                  
                    VishalK/90-FA-701-2008