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Bombay High CourtCA/506/2023rejected disposed of at admission stageexcept appeal

Shashikala Nagnath Dongre v. The Executive Engineer, Minor Irrigation Div., Sinchan Bhavan, Osmanabad And ORS

2023-01-20Hon'Ble Shri Justice Sandipkumar C. More2 pages

(1) 926 CA-506.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO.506 OF 2023 IN FA/2468/2022 SHASHIKALA NAGNATH DONGRE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV., SINCHAN BHAVAN, OSMANABAD AND OTHERS AND 927 CIVIL APPLICATION NO.511 OF 2023 IN FA/2462/2022 GAJENDRA VITHAL SURYAWANSHI

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIV., SINCHAN BHAVAN, OSMANABAD AND OTHERS ...

Mr. V.V. Ingle, Advocate for the applicants.

Mr. A.B. Chate and Mr. B.V. Virdhe, Asstt. Public Prosecutors in respective applications.

Mr. R.B. Deshpande, Advocate for respondent No.1. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20th January 2023.

ORDER:- 1.

Heard rival submissions. Though the applicants have claimed withdrawal of deposited amount of compensation by relying upon the order dated 25.08.2022 passed by this court, the learned Counsel for respondent Acquiring Body pointed out that the applicants in these applications had got only 50% share in the compensation amount as per the observation of learned Reference Court. The remaining 50%

(2) 926 CA-506.2023.odt share in the compensation granted by Reference Court needs to be given to Shree Ram Mandir Trust as mentioned in the impugned judgment itself.

2.

It appears that the learned Reference Court, while passing final order, did not consider this aspect. It had also not directed to make Shree Ram Mandir Trust as a party since this Court in Writ Petition No.9411 of 2010 has held that the applicant and Shree Ram Mandir Trust will be having 50% share in the compensation amount. This fact is suppressed by the applicants in these applications which is a serious issue. Hence, the applications stand rejected.

3.

First Appeal (St) No. 31112 of 2019 alongwith disposed Civil Application No. 12033 of 2022 be listed on 31st January 2023 wherein certain order of withdrawal is passed by suppressing the fact in respect of share of Shree Ram Mandir Trust.

(SANDIPKUMAR C. MORE, J.) vd_dhirde