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Bombay High Court

THE STATE OF MAHARASHTRA AND OTHERSversusPANDURANG MANMATH UMBARE

Disposal
DISPOSED OFF

Holding

The appeals are dismissed as the compensation awarded is within the four‑times limit and the State Government will not challenge it.

Summary

The State of Maharashtra filed several first‑appeal (stamp) petitions challenging the judgment and award dated 23‑04‑2014 of the Civil Judge Senior Division, Osmanabad, which had granted compensation in a series of stamp duty cases. The State contended that the reference court’s compensation was limited to four times the amount awarded by the State Legal Aid Office (SLAO) and that, per Government Resolution No. Sankirna‑2014/Prak.Kra.4/Bham‑1/A‑4 and its subsequent corrigenda, the Government would not contest the award if it did not exceed that multiple. The learned judge examined the resolution and found that the compensation indeed fell within the four‑fold limit. Consequently, there was no ground for the State to intervene in the reference court’s order. The court therefore dismissed all the appeals and ordered that any pending civil applications related to the same matters be disposed of. The decision upheld the principle that the State’s policy precludes challenging awards within the prescribed multiple.

Issues considered

  • Whether the compensation awarded by the reference court exceeds four times the amount granted by the State Legal Aid Office
  • Whether the State Government’s resolution bars it from challenging compensation awards that are within the four‑fold limit
  • Whether pending civil applications survive the dismissal of the appeals

Subjects

  • compensation
  • stamp duty
  • appeal
  • government resolution
  • civil application disposal
  • judicial review

Judgment

2026:BHC-AUG:26447
                                          1 of 4             930-CA.5448.2016



                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                        930 FIRST APPEAL (STAMP) NO.36132 OF 2015
                                           WITH
                            CIVIL APPLICATION NO. 5448 OF 2016
                                    IN FAST/36132/2015

                            THE STATE OF MAHARASHTRA AND OTHERS
                                               VERSUS
                             MARUTI SHANKAR GADHAVE AND OTHERS
                                                  ...
               Mr. R. B. Dhaware, AGP for Applicant-State.
               Mr. P. P. More, Advocate for Respondent Nos.1 to 4.
                                                  ...

                                           AND
                          FIRST APPEAL (STAMP) NO.36208 OF 2015
                                           WITH
                            CIVIL APPLICATION NO. 5476 OF 2016
                                    IN FAST/36208/2015

                            THE STATE OF MAHARASHTRA AND OTHERS
                                               VERSUS
                 SWAPNIL GURUNATH ZADE MINOR U/G OF HIS REAL MOTHER
                                     NIRMALA GURUNATH ZADE
                                                  …
               Mr. R. B. Dhaware, AGP for Applicant-State.
               Mr. P. P. More, Advocate for Respondent.

                                           AND
                          FIRST APPEAL (STAMP) NO.36158 OF 2015
                                           WITH
                            CIVIL APPLICATION NO. 5456 OF 2016
                                    IN FAST/36158/2015

                            THE STATE OF MAHARASHTRA AND OTHERS
                                               VERSUS
                                  PANDURANG MANMATH UMBARE
                                                  …
               Mr. R. B. Dhaware, AGP for Applicant-State.
               Mr. P. P. More, Advocate for Respondent.

                                           AND
                          2 of 4             930-CA.5448.2016



           FIRST APPEAL (STAMP) NO.36162 OF 2015
                            WITH
             CIVIL APPLICATION NO. 5454 OF 2016
                     IN FAST/36162/2015

             THE STATE OF MAHARASHTRA AND OTHERS
                                VERSUS
                 CHANUSING HANUMANSING RAJPUT
                                   …
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.

                            AND
           FIRST APPEAL (STAMP) NO.36182 OF 2015
                            WITH
             CIVIL APPLICATION NO. 5464 OF 2016
                     IN FAST/36182/2015

             THE STATE OF MAHARASHTRA AND OTHERS
                                VERSUS
              BHAGWAN @ BHAGWANT MARUTI UMBARE
                                   …
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.

                            AND
           FIRST APPEAL (STAMP) NO.36193 OF 2015
                            WITH
             CIVIL APPLICATION NO. 5475 OF 2016
                     IN FAST/36193/2015

             THE STATE OF MAHARASHTRA AND OTHERS
                                VERSUS
                        MAHADEV LIMBA MANE
                                   …
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.

                            AND
           FIRST APPEAL (STAMP) NO.36213 OF 2015
                            WITH
             CIVIL APPLICATION NO. 5480 OF 2016
                     IN FAST/36213/2015
                               3 of 4                    930-CA.5448.2016



             THE STATE OF MAHARASHTRA AND OTHERS
                                VERSUS
               ANGAD SHRIMANT UMBRE AND ANOTHER
                                   …
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent Nos.1 to 2.

                             AND
            FIRST APPEAL (STAMP) NO.36202 OF 2015
                             WITH
              CIVIL APPLICATION NO. 5478 OF 2016
                      IN FAST/36202/2015

             THE STATE OF MAHARASHTRA AND OTHERS
                                VERSUS
              GOROBA VITHAL BHATBHAGE AND OTHERS
                                   …
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent Nos.1 to 3.

                             AND
            FIRST APPEAL (STAMP) NO.36153 OF 2015
                             WITH
              CIVIL APPLICATION NO. 5458 OF 2016
                      IN FAST/36153/2015

             THE STATE OF MAHARASHTRA AND OTHERS
                                VERSUS
                      KASHIBAI VITHOBA KESKAR
                                   …
Mr. R. B. Dhaware, AGP for Applicant-State.
Mr. P. P. More, Advocate for Respondent.
                                   …

                       CORAM :          SIDDHESHWAR S. THOMBRE, J.
                       DATE     :       2nd JULY, 2026

P.C.:-

1.       Heard the learned counsel for the Appellant/State.

2.       By these appeals, the Appellants are assailing the Judgment
                                           4 of 4                  930-CA.5448.2016



          and award dated 23.04.2014 passed by the learned Civil Judge Senior

          Division, at Osmanabad in LAR Nos.205/2008, 207/2008, 208/2008,

          209/2008, 214/2008, 222/2008, 797/2011, 103/2009 and 104/2009.

          3.        Learned AGP submits that the compensation granted by the

          learned Reference Court is within four times the compensation granted

          by the SLAO.

          4.        In fact the State Government vide Government Resolution

          No.Sankirna-2014/Prak.Kra.4/Bham-1/A-4 dated 03.11.2016 with

          Corrigendum     dated   23.02.2017        and   13.08.2018   to   the   said

          Government Resolution, took a decision not to challenge the reference,

          if compensation is enhanced only upto four times.


          5.        Therefore, I do not find any reason to intervene with the

          impugned orders. Hence, the present Appeals are dismissed.


          6.        In view of dismissal of the Appeals, pending Civil

          Applications, if any, do not survive and are disposed of accordingly.



                                             (SIDDHESHWAR S. THOMBRE, J.)

Tauseef


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