Mandakini Mahadev Zol And Others v. The State Of Maharashtra Through Collector, Parbhani And Others

1 941-CA-4235-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.4235 OF 2022 IN FA/1788/2021 MANDAKINI MAHADEV ZOL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, PARBHANI AND OTHERS ...

Advocate for Applicants : Mr S.P. Koli AGP for Respondent Nos.1 and 2/State : Mr S.G. Sangle Advocate for Respondent Nos. 4 and 5 : Mr D.M. Kakade CORAM : SHRIKANT D. KULKARNI, J.

DATE : 23rd March, 2022 PER COURT :

1.

It is an application moved by the applicants seeking directions to the Registry not to disburse the amount as per the award passed by the Lok Adalat dated 25th September, 2021.

2.

Heard Mr Koli, learned counsel for the applicants. 3.

Perused the copy of order passed in National Lok Adalat dated 25 th September, 2021.

4.

This Court has made query to Mr Koli, learned counsel for the applicants about the locus-standi of the applicants to move this application. The applicants were not party before the Reference Court. The applicants were also not party to the appeal proceedings filed in First Appeal No. 1788/2021. The proceedings of heirship certificate between the parties is still going on. The legal rights of the applicants are yet to be established. As on today, the applicants have no right. They are not in picture. The applicants have no locus-standi to

2 941-CA-4235-2022 move this kind of application and stop the disbursement of compensation amount. If the applicants could succeed to establish their legal right, the remedies are available. They can very well recover the amount of compensation.

ORDER

The application is hereby rejected.

( SHRIKANT D. KULKARNI, J.) mta