Vilas Alias Mafat Ganapat Pardeshi Died Thr Lrs Shama Vilas Alias Mafat Paradeshi Died And Others v. Shirdi Nagar Panchayat Shirdi Through Its Chief Officer And Another

2025:BHC-AUG:1740 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 631 OF 2025 IN WP/1704/2009 VILAS @ MAFAT GANPAT PARDESHI THROUGH LRS SHAMA VILAS MAFAT PARADESHI AND OTHERS VS SHIRDI NAGAR PANCHAYAT SHIRDI THROUGH ITS CHIEF OFFICER SHIRDI Mr. Anuj A. Fulfagar, Advocate for the applicant Mr. P. D. Patil, AGP for the respondents/State Mr. P. P. Patil, Advocate h/f Mr. A. S. Bajaj, Advocate for the respondent No.

CORAM : KISHORE C. SANT, J.

DATE : 16th JANUARY, 2025 P. C.

1.

This application is by the legal heirs of the claimants.

2.

The some of the claimants had approached the Hon'ble Apex Court. The Hon'ble Apex Court decided the SLP by order dated 22-02-2016 and directed the respondents to deposit the amount as per entitlement of the claimants depending upon

(2) the size of the shop.

3.

Pursuant to the judgment by the Hon'ble Apex Court now the respondents have deposited the amount in the office of this court as per the list submitted by the respondents of all the claimants.

4.

This is the application by the legal heirs in the time, as the original claimants died. The applicants have produced on record the heirship certificate issued by the civil court with the application.

5.

The applicants are facing difficulty while withdrawing the amount from the office of this court and therefore this application is filed. Some of the original claimants have already withdrawn the amount in view of order dated 1512-2023 in CA/13024/2023 same is produced on record. 7.

The applicants have produced on record the affidavit

(3) executed by the applicant Nos. 1-2 to 1-4 stating that they have accepted that applicant No.1-5 is entitled to receive 50% share in the amount of compensation. They have no objection if applicant Nos.1-5 is withdrawn 50% of the amount lying in this court.

8.

In view of above, the application is allowed. The applicant Nos. 1-2 to 1-4 are entitled to withdraw 50% of the amount deposited in the office this court alongwith accrued interest. Remaining 50% of the amount alongwith accrued is permitted to be withdrawn by applicant No.1-5. 9.

The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/8ca631.25