KACHRU NARAYAN KHARAT. v. THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR JALNA AND ORS.
CA/8496/2026 · 2026-08-19
body2026
DailyLaw.ai
[ 2026 DAILYLAW 4607 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 4607 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 1 ) 940 CA 8482 OF 2026 to 947 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 940 CIVIL APPLICATION NO. 8482 OF 2026 IN FA/2321/2022 SULOCHANABAI SHESHRAO KHARAT. VERSUS THE STATE OF MAHARASHTRA, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. B. V. Virdhe, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 941 CIVIL APPLICATION NO. 8484 OF 2026 IN FA/7/2022 SANDIP KAKASAHEB KHARAT. VERSUS THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. S. P. Sonpawale, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 942 CIVIL APPLICATION NO. 8489 OF 2026 IN FA/2/2022 RAOSAHEB TEJRAO KHARAT AND ANR. VERSUS THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. K. B. Jadhavar, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 943 CIVIL APPLICATION NO. 8492 OF 2026 IN FA/8/2022 2026:BHC-AUG:37900
( 2 ) 940 CA 8482 OF 2026 to 947 WITH CIVIL APPLICATION NO. 8490 OF 2026 IN FA/8/2022 VITHAL SHANKAR KHARAT SINCE DECEASED THR LEGAL REPR. RAGHUNATH AND ORS. VERSUS THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. S. N. Kendre, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 944 CIVIL APPLICATION NO. 8493 OF 2026 IN FA/2337/2022 LAXMIBAI TRIMBAK KHARAT. VERSUS THE STATE OF MAHARASHTRA,THROUGH, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. R. K. Ingole, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 945 CIVIL APPLICATION NO. 8495 OF 2026 IN FA/2859/2022 NAYABRAO NAMDEV KHARAT. VERSUS THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. R. K. Ingole, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 946 CIVIL APPLICATION NO. 8496 OF 2026 IN FA/2662/2022
( 3 ) 940 CA 8482 OF 2026 to 947 KACHRU NARAYAN KHARAT. VERSUS THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. A. V. Lavte, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND 947 CIVIL APPLICATION NO. 8498 OF 2026 IN FA/9/2022 RAOSAHEB TEJRAO KHARAT.
VERSUS THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. B. V. Virdhe, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 AND CIVIL APPLICATION NO. 8497 OF 2026 IN FA/03/2022 KAKASAHEB S/O RAMRAO KHARAT AND ANOTHER VERSUS THE STATE OF MAHARASHTRA, THROUGH, COLLECTOR, JALNA AND ORS. ... Mr. A. H. Koralkar, Advocate for Applicant Mr. B. V. Virdhe, AGP for Respondent/State Mr. S. S. Dande, Advocate for Respondent No.3 …
CORAM : AJIT B. KADETHANKAR, J. DATE : 19.08.2026 PER COURT :- CIVIL APPLICATION NO. 8497 OF 2026 . Not on board. Taken on board.
( 4 ) 940 CA 8482 OF 2026 to 947 CIVIL APPLICATION NO. 8490 OF 2026 IN FA/8/2022
2. This civil application is filed for bringing on record legal representatives of deceased claimant Vitthal Shankar Kharat.
3. For the reasons stated in the application, the same is allowed. The applicants are at liberty to bring on record legal representatives of the deceased claimant Vitthal Shankar Kharat.
4. Amendment be carried out forthwith.
FIRST APPEALS
5. Mr. A. H. Koralkar, learned Advocate for the applicants submits that in the group of First Appeals arising out of the same land acquisition proceedings, this Court had set aside the judgments and awards and relegated the parties back to the Reference Court with directions to the Reference Court to decide the claims afresh in the light of the evidence that the parties had produced and intended to produce. Keeping all points open, the matters were relegated back. He submits that in the present matters, the applicants want to adduce certain evidence of a similar nature which the claimants in the said cited First Appeals sought to produce. Hence, he submits that the appeals be
disposed of and the parties be relegated back to the Reference Court.
6. Mr. S. S. Dande, learned Advocate for the acquiring body does not dispute the fact of remittance of the matters to the Reference Court. His only
( 5 ) 940 CA 8482 OF 2026 to 947 contention in respect of such remittance is that all the parties be left at liberty to adduce such evidence in support of their claims as they wish to produce. He would further submit that it may also be directed that the claimants shall not be entitled to claim statutory benefits from the date of the earlier judgments and awards passed by the Reference Court till August 2026.
7. For the reasons stated above, I pass following order :
O R D E R A. First appeals are allowed partly. B. Impugned judgment and award passed by the Reference Court are quashed and set aside and matters are relegated to the Reference Court to decide them afresh on their own merits. C. All points are kept open. D. The Reference Court shall consider the objections to be raised by the acquiring body as is permissible in law and shall examine the genuineness of the claim on their own merits. E. Appellants – claimants shall not be entitled to claim interest and statutory benefits from the date of earlier
judgment and award passed by the Reference Court till August
2026. F. Parties shall appear before the Reference Court on
21.09.2026. It is candidly agreed by the parties that no separate notice for appearance shall be required.
( 6 ) 940 CA 8482 OF 2026 to 947 G. The Reference Court shall decide the matters expeditiously. H. Civil applications for production of additional documents are disposed of. I. It will be open for the Reference Court to consider earlier pleadings and the evidence on record in-justa position with the subsequent pleadings and evidence.
[AJIT B. KADETHANKAR, J.] PRW