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Bombay High Court

STATE OF MAHversusRAMCHANDRA MAHIPATI KOLAGE

Disposal
DISMISSED

Holding

The present appeals are dismissed by reference to the earlier judgment in First Appeal No. 1047/2007.

Summary

The State of Maharashtra filed several first appeals (Nos. 1686‑1689 of 2008) challenging decisions in a land acquisition proceeding dating back to 1982. The respondents were represented by counsel Omkar Patil on behalf of S. S. Shinde. The court observed that the same acquisition proceeding had already been adjudicated in First Appeal No. 1047/2007 and related matters on 10 July 2026. Relying on paragraph 9 of that earlier judgment, which dismissed the earlier appeals (Nos. 1070 and 1072 of 2007), the bench held that the present appeals should likewise be dismissed. No order as to costs was made and any pending civil applications were also disposed of.

Issues considered

  • What is the appropriate disposition of the present appeals when a prior judgment on the same acquisition proceeding has already been rendered?

Subjects

  • land acquisition
  • appeal
  • precedent
  • dismissal
  • civil procedure

Judgment

2026:BHC-AUG:29048

                                                                      907-FA-1687-2008.doc




                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                               907 FIRST APPEAL NO. 1687 OF 2008
                                             State Of Mah
                                               VERSUS
                                       Haridas Kashinath Kolage

                                              WITH
                                  FIRST APPEAL NO. 1686 OF 2008

                                            State Of Mah
                                               VERSUS
                                        Ganpati Mahipati Kolge

                                              WITH
                                  FIRST APPEAL NO. 1688 OF 2008

                                             State Of Mah
                                                VERSUS
                                          Vitthal Nana Pawar

                                              WITH
                                  FIRST APPEAL NO. 1689 OF 2008

                                           State Of Mah
                                             VERSUS
                                     Ramchandra Mahipati Kolage

                                                  ...
          Mr. AAA Khan, AGP for State.
          Mr. Omkar Patil h/f Mr. S. S. Shinde for the Respondent.
                                                ….


                                            CORAM :      SIDDHESHWAR S. THOMBRE, J.
                                            DATE :       10 JULY 2026

          P. C.:

          1.        As the acquisition proceeding is of the year 1982, the appeal is being

          heard finally with the consent of learned counsel for the respective parties.

          Shubham                                                                Page 1 of 2
                                                                907-FA-1687-2008.doc


2.         Learned counsel submit that present appeal can be disposed of in view

of order passed by this Court in First Appeal No.1047/2007 along with

connected matters decided on 10th July 2026 arising out of same acquisition

proceeding.

3.         As this Court has already decided the appeal arising out of same

acquisition proceeding, I am inclined to adopt the same view. The present

appeal is disposed of in view of First Appeal No.1047/2007 along with

connected matters decided on 10th July 2026, paragraph 9 of which reads as

under:-

     “9.     In view thereof, the First Appeal Nos.1070 of 2007 and 1072 of 2007

     are dismissed.”

4.         Hence, the present Appeals are also dismissed. No order as to costs.

5.         Pending Civil Applications, if any, stand disposed of.



                                           [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                    Page 2 of 2


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