Bhau Alias Bhaurao Tukaram Bhujbal Died Thr Lrs Sunil Bhaurao Bhujbal And Others v. Shirdi Nagar Panchayat Shirdi Through Its Chief Officer And Another

2025:BHC-AUG:1739 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 8 CIVIL APPLICATION NO. 635 OF 2025 IN WP/1704/2009 BHAU ALIAS BHAURAO TUKARAM BHUJBAL DIED THR LRS SUNL BHAURAO BHUJBAL AND OTHERS VS SHIRDI NAGAR PANCHAYAT SHIRDI THROUGH ITS CHIEF OFFICER AND ANOTHER 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 Some of the original claimants have already withdrawn the amount in view of order dated 1512-2023 in CA/13024/2023 same is produced on record. 6.

It is pointed out that though in the decree and the

(3) proceeding the name of applicant No.1 appears as Bhau @ Bhaurao Tukaram Bhujbal, in the list submitted by the respondent, the name of Bhau @ Bhaurao Tukaram Bhujbal is wrongly shown as Tukaram Bhau Bhujbal at Sr. Nos. 78 and 81. 7.

The applicant Nos. 1-1 to 1-5 are the heirs of the Bhau @ Bhaurao Tukaram Bhujbal-original claimants. Thus, now the applicants are entitled to receive the amount lying in this court. The applicants are therefore, permitted to withdraw the equal amount lying in this court alongwith accrued interest. 8.

In view of the same, the application stands allowed in terms of prayer clause-A.

[KISHORE C. SANT, J.] VishalK/8ca635.25