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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