Rangrao Sahebrao Doke (Died) Thr Lrs Bajrang And ORS v. Ex. Engineer, Beed Irrigation Division, Beed Under Gmidc, Aurangabad And ANR

{1} CA 2850.20 sr. no. 12.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 13 CIVIL APPLICATION NO.2852 OF 2020 IN FAST/28094/2019 RANGRAO SAHEBRAO DOKE (DIED) THROUGH HIS LRS BAJRANG RANGRAO DOKE AND OTHERS.

VERSUS

EX. ENGINEER, BEED IRRIGATION DIVISION, BEED UNDER GMIDC, AURANGABAD AND ANR Advocate for Applicants : Mr. T.G. Gaikwad Adv. for Respondent No.1: Mr. B.R. Surwase.

AGP for respondent No.2 : Mr. S.N. Morampalle. CORAM : K.K. SONAWANE, J.

DATE : 2nd March, 2020.

PER COURT:

Heard learned counsel for the applicant and learned counsel for Acquiring Body as well as learned AGP for State of Maharashtra.

The applicants have fled the present application seeking permission to substitute themselves as respondents in the present appeal being Lrs of deceased respondent - Rangrao Sahebrao Doke. The applicants submit that the deceased respondent initiated proceeding under Section 18 of the Land Acquisition Act. for enhancement of compensation of his acquired land. The learned Reference Court partly allowed the Reference Petition. The Acquiring Body being aggrieved by the compensation enhanced by the Reference Court, preferred the appeal. However, pending the proceeding, the original claimant, namely, Rangrao Sahebrao Doke, passed away. The applicants are the legal heirs of the deceased respondent and they are intending to pursue the matter for substantial justice. Therefore, they are seeking permission to

{2} CA 2850.20 sr. no. 12.odt substitute themselves as party respondent, in place of the deceased respondent, being his legal heirs. The applicants have produced death certifcate and heir-ship certifcate issued by the Gram Sevak of the concerned Gram Panchayat, Kadamwadi, Taluka and Dist. Beed.

The learned counsel for the Acquiring Body has no objection to allow the applicants to substitute themselves in the proceeding as party respondents and in view of submission and death of the original claimant - respondent - Rangrao Sahebrao Doke, the applicants being legal heirs are entitled to pursue the matter in the interest of justice. Therefore, there is no impediment to allow the application.

Accordingly, the application stands allowed in terms of prayer clause (B) and (C). The delay caused for fling the present application is hereby condoned. The applicants are permitted to substitute themselves as party respondents in place of deceased respondent - Rangrao Sahebrao Doke.

The respondent Acquiring Body shall carry out the amendment within two weeks. Accordingly the application stands disposed of.

[K.K. SONAWANE] JUDGE.

Grt/-.