Bombay High Court

THE STATE OF MAHversusASHOK SANGAPPA GAOKARE

Disposal: DISPOSED OFF
Bench: SANJAY A DESHMUKH

Holding

The appeals were dismissed because the compensation awarded by the Reference Court was within four times the SLAO amount, triggering the State’s policy not to pursue such appeals.

Summary

The State of Maharashtra filed several first appeals (Nos. 681, 683, 688, 685, 686, 689 of 2008) against judgments of the Latur Land Reference Court that awarded compensation to various respondents. The State argued that, under a Government Resolution dated 03‑11‑2016 and its corrigendum dated 23‑02‑2017, it would not file or contest any appeal where the compensation awarded by the Reference Court does not exceed four times the amount awarded by the State Legal Aid Office (SLAO). In each case, the compensation awarded by the Reference Court was within the four‑times limit. The learned Additional Government Pleader (AGP) for the State submitted that the appeals should be disposed of in accordance with this policy. Justice Sanjay A. Deshmukh considered the State’s policy and the submissions of the AGP. The Court held that the policy was determinative and that the appeals could not be entertained. Consequently, all the appeals were dismissed without further examination of the merits.

Issues considered

Whether the State of Maharashtra is bound by its own policy resolution to refrain from filing or contesting appeals where the compensation awarded is within four times the SLAO award.
Whether the appellate court must dismiss the appeals solely on the basis of the State’s policy, absent any other legal infirmity.

Subjects

Compensation
Land Reference Court
Government policy
Appeal dismissal
State Legal Aid Office
Civil Procedure
Judicial discretion

Judgment

2026:BHC-AUG:10295

1 22 fa.681.08.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
22 FIRST APPEAL NO. 681 OF 2008

STATE OF MAHARASHTRA
VERSUS
SHIVNARAYAN SATLINGAPPA
...
AGP for Appellant / State : Mr. D. J. Patil.
...

AND
FIRST APPEAL NO. 683 OF 2008

THE STATE OF MAHARASHTRA
VERSUS
MAHESH SUBHASH GAOKARE
...
AGP for Appellant / State : Mr. D. J. Patil.
…

AND
FIRST APPEAL NO. 688 OF 2008

THE STATE OF MAHARASHTRA
VERSUS
ASHOK SANGAPPA GAOKARE AND OTHERS
...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondents: Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
…

AND
FIRST APPEAL NO. 685 OF 2008

THE STATE OF MAHARASHTRA
VERSUS
SURESH NIWARTI BHOSALE
...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondent : Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
…

AND
FIRST APPEAL NO. 686 OF 2008

THE STATE OF MAHARASHTRA
VERSUS
MUKTABAI SOPAN
2 22 fa.681.08.odt

...
AGP for Appellant / State : Mr. D. J. Patil.
...

AND
FIRST APPEAL NO. 689 OF 2008

THE STATE OF MAHARASHTRA
VERSUS
SURYAKANT LIMBANAPPA GAOKARE
...
AGP for Appellant / State : Mr. D. J. Patil.
Advocate for Respondent : Mr. Ajinkya Deshpande, h/f Mr. Amit Deshpande.
...

CORAM : SANJAY A. DESHMUKH, J.
DATE : 09th March, 2026.

P.C.:

1 These appeals are preferred against the judgment and

award dated 25th January, 1996 passed by the learned Land

Reference Court, District Latur, in LAR Nos.478, 486, 482, 479, 480

and 485 of 1989.

2 The learned AGP for the State submits that in view of the

policy decision of the State Government as per the Government

Resolution dated 03.11.2016 and the corrigendum dated 23.02.2017

issued thereto, the State Government has resolved not to file or

contest any appeal where the amount of compensation awarded by

the Reference Court is within four times of the amount awarded by the

SLAO. He submits that the present first appeal deserves to be

disposed of in view of the aforesaid policy decision of the State
3 22 fa.681.08.odt

Government, as the amount of compensation awarded by the

Reference Court is within four times of the amount awarded by the

SLAO.

3 Considering the submissions of the learned AGP as well as

the policy decision of the State Government, the appeals deserve to be

disposed of. The first appeals are disposed of accordingly.

[ SANJAY A. DESHMUKH, J. ]
nga

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