Narayan Bhika Khatal And ORS v. The State Of Maharashtra Through Special L.A.O. Collector Office, Aurangabad And ANR

2024:BHC-AUG:6838 ( 1 ) 30 ca 3111.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 30 CIVIL APPLICATION NO. 3111 OF 2024 IN FA/1507/2018 NARAYAN BHIKA KHATAL AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SPECIAL L.A.O. COLLECTOR OFFICE, AURANGABAD AND ANR .....

Advocate for Applicant : Mr. Pahune Patil Nandkishor J. AGP for Respondents/State : Mr. D.B. Bhange .....

CORAM :

Y.G. KHOBRAGADE, J.

DATE :

26.03.2024 P.C.:- 1.

The applicants prayed for permission to withdraw compensation amount of Rs.4,63,294/- on the ground that during the pendency of the present appeal the matter was referred to the Lok Adalat and on 22.04.2018 the settlement between the parties was arrived at in the Lok Adalat. Accordingly, the respondent no.2-acquiring body deposited entire compensation amount as per settlement in the Lok Adalat. Therefore, the applicants wanted to withdraw the same.

2.

The applicants further contended that the appellant no.2-BJanabai Rambhau Khatal passed away on 11.05.2023 and said applicant/appellant was unmarried and was the daughter of the original

( 2 ) 30 ca 3111.24 deceased respondent no.2 Rambhau Bhika Khatal. The other legal heirs of deceased - appellant no.2 are already on record. 3.

Since the parties to the appeal have settled their dispute in Lok Adalat on 22.04.2018 and the acquiring body-respondent no.2 deposited entire amount of compensation before this Court, therefore, the applicants are entitled to receive equal share of the compensation amount along with accrued interest thereon. Accordingly, the Registry of this Court is hereby directed to release the said amount in favour of the applicants in apportionment with accrued interest after verification. Accordingly, the civil application is disposed of.

[Y.G. KHOBRAGADE, J.] mub