Bhima Babu Jarande (Died) Thr Lrs. Taramati Bhima @ Bhimrao Jarande And ORS v. The State Of Maharashtra Through Collector, Osmanabad And Others
(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 919 CIVIL APPLICATION NO.4585 OF 2023 IN FAST/5080/2021 WITH CA/13810/2021 IN FAST/5080/2021 WITH CA/13811/2021 IN FAST/5080/2021 WITH CA/13812/2021 IN FAST/5085/2021 WITH CA/13813/2021 IN FAST/5085/2021 WITH CA/13814/2021 IN FAST/5097/2021 WITH CA/13815/2021 IN FAST/5097/2021 WITH CA/13808/2021 IN FAST/5105/2021 WITH CA/13809/2021 IN FAST/5105/2021 WITH CA/4588/2023 IN FAST/5085/2021 WITH CA/4587/2023 IN FAST/5105/2021 WITH CA/4586/2023 IN FAST/4976/2021 WITH CA/7759/2023 IN FAST/5097/2021 WITH CA/7758/2023 IN FAST/5097/2021 DILIP RAOSAHEB SHINDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS AND 920 CIVIL APPLICATION NO.4727 OF 2023 IN FAST/10977/2021 WITH CA/4732/2023 IN FAST/11024/2021 WITH CA/4729/2023 IN FAST/11012/2021 WITH CA/4731/2023 IN FAST/11028/2021 WITH CA/4730/2023 IN FAST/11017/2021 WITH CA/4728/2023 IN FAST/11021/2021 WITH CA/11001/2021 IN FAST/10977/2021 WITH CA/11002/2021 IN FAST/10977/2021 WITH CA/11007/2021 IN FAST/11012/2021 WITH CA/11008/2021 IN FAST/11012/2021 WITH CA/11011/2021 IN FAST/11017/2021 WITH CA/11012/2021 IN FAST/11017/2021 WITH CA/11009/2021 IN FAST/11021/2021 WITH CA/11010/2021 IN FAST/11021/2021 WITH CA/11003/2021 IN FAST/11024/2021 WITH CA/11004/2021 IN FAST/11024/2021 WITH CA/11005/2021 IN FAST/11028/2021 WITH CA/11006/2021 IN FAST/11028/2021 MACHINDRA RANGNATH BHILLARE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS
(2) AND 921 CIVIL APPLICATION NO.5096 OF 2023 IN FAST/4763/2021 WITH CA/2889/2021 IN FAST/4763/2021 WITH CA/2890/2021 IN FAST/4763/2021 WITH CA/2887/2021 IN FAST/4841/2021 WITH CA/2888/2021 IN FAST/4841/2021 WITH CA/2885/2021 IN FAST/4851/2021 WITH CA/2886/2021 IN FAST/4851/2021 WITH CA/5098/2023 IN FAST/4851/2021 WITH CA/5099/2023 IN FAST/4841/2021 BHIMA BABU JARANDE (DIED) THROUGH LRS. TARAMATI BHIMA @ BHIMRAO JARANDE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND OTHERS AND 922 CIVIL APPLICATION NO.5247 OF 2023 IN FAST/4406/2021 WITH CA/6639/2021 IN FAST/4406/2021 WITH CA/6644/2021 IN FAST/4443/2021 WITH CA/6642/2021 IN FAST/4447/2021 WITH CA/5248/2023 IN FAST/4447/2021 WITH CA/5249/2023 IN FAST/4443/2021 JAWAHAR RAMCHANDRA KHATAKE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Mr. Abhijit More, Advocate for the applicants. Mr. P.M. Kulkarni, Mr. A.B. Chate and Mr. S.N. Kendre, AGPs for respondent State in respective applications. Mr. R.A. Tambe holding for Mr. S.G. Bhalerao, Mr. R.A. Tambe, Mr. P.A. Pisal and Mrs. Sunita Shelke, Advocates for Acquiring Body in respective applications.
...
CORAM :
SANDIPKUMAR C. MORE, J.
DATED :
27th June 2023.
ORDER:- IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT : Heard rival submissions. The respective applicants are
(3) seeking withdrawal of their respective amounts of compensation in all these applications, which have been deposited by the Acquiring Body alongwith the interest accrued thereon. It appears that the Acquiring Body in some of the matters has deposited 50% and in some matters 60% of the total compensation amounts.
2.
Vide order dated 28.04.2023, this Court in other connected matters, has already permitted the applicants therein to withdraw whatever deposited amounts of compensation alongwith the interest. In view of the same, the applicants herein are permitted to withdraw their respective deposited amounts of compensation alongwith the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. 3.
The civil applications are accordingly disposed of. IN CIVIL APPLICATIONS FOR CONDONATION OF DELAY : The appellant - Acquiring Body in all these applications is seeking condonation of delay periods as mentioned therein, which appear to be caused due to obtaining sanctions at various stages. There is no strong objection from other side and therefore the delay periods mentioned in these applications stand condoned.
(4) 2.
The appeals be placed for admission after removal of office objections, if any.
3.
Applications are accordingly disposed of.
IN CIVIL APPLICATIONS FOR STAY :
.
Since the appellant - Acquiring Body in all these matters has deposited amounts of compensation as directed by this court, the applications are made absolute in terms of prayer clause-A/B, wherever applicable, and disposed of. IN CIVIL APPLICATION NO. 7759 OF 2023 :
Heard rival submissions. The applicants are seeking permission to bring themselves on record in the appeal being the legal representatives of sole claimant i.e. respondent No.1 Santaram Ananta Shinde, who admittedly died on 07.04.2023. The application is within time.
2.
There is no strong objection from other side and considering the right to defend, the application stands allowed in terms of prayer clause-B.
3.
The appellant - Acquiring Body is directed to carry out the amendment forthwith.
4.
Application is accordingly disposed of.
(SANDIPKUMAR C. MORE, J.) vd_dhirde