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Bombay High Court

THE STATE OF MAHARASHTRAversusMR.SUKDEO VITHOBA THORAT

Decided
Disposal
Allowed To be withdrawn

Holding

The appeal is disposed of as withdrawn.

Summary

The State of Maharashtra appealed a decision of the reference court concerning land valuation, where the reference court had awarded a land value of Rs.3,74,000 and the State Land Acquisition Officer had paid Rs.94,248. The learned Additional Government Pleader argued that the enhanced amount did not exceed four times the amount paid by the SLAO, thereby satisfying the limits prescribed by the Government of Maharashtra. On this basis, the State sought to withdraw the appeal. The Court examined the submission and found the appeal to be within the prescribed limits. Consequently, the Court disposed of the appeal as withdrawn and ordered a refund of the court fee in accordance with the Rules. No substantive merits of the dispute were adjudicated as the appeal was withdrawn.

Issues considered

  • Whether the appeal falls within the limits prescribed by the Government of Maharashtra for land valuation cases

Subjects

  • appeal
  • withdrawal
  • court fee refund
  • land valuation
  • Maharashtra
  • reference court

Judgment

                      LSP                                   1              14 fa 1076.03.doc


                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   CIVIL APPELLATE JURISDICTION

                                           First Appeal No. 1076 of 2003

                      The State of Maharashtra                    …     Appellant
                           V/s.
                      Sukdeo Vithoba Thorat                       …     Respondents.


                       Ms. Rashmi S. Tendulkar              AGP for the State.
                       Mr. Anish Kikle i/b. P.N.Joshi       Advocate for the Respondents.

                                                     CORAM : S.M. MODAK, J

                                                       DATE : 2nd September 2026.

                      P.C. :

                      1.       Learned AGP submitted that the present appeal falls within
                      the limits prescribed by Government of Maharashtra as per the G.R.
                      dated 3rd November 2016. She invited my attention to the following
                      amounts in L.R. No.401/1991:
                               1) Land value comes to Rs.3,74,000/- (awarded by the
                                 reference Court).
                               2) Amount paid by SLAO Rs. 94,248/-.

                      2.       According to her the amount enhanced by the Reference Court

         Digitally
                      is not higher than 4 times of the amount paid by SLAO. Hence, she
         signed by
         LATA
LATA     SUNIL


                      has withdrawn the appeal.
SUNIL    PANJWANI
PANJWANI Date:
         2026.09.03
         12:34:40
         +0530
LSP                              2             14 fa 1076.03.doc


3.    The Appeal is disposed of as withdrawn. Refund of Court fee
as per the Rules.


                                       (S.M. MODAK, J.)


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