Baban Wamanrao Jadhav v. The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

914 CIVIL APPLICATION NO.7047 OF 2022 IN FA/1043/2021 BABAN WAMANRAO JADHAV

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD AND OTHERS AND 916 CIVIL APPLICATION NO.7052 OF 2022 IN FA/1042/2021 BABU ANNA JADHAV

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO.1 AURANGABAD AND OTHERS AND 918 CIVIL APPLICATION NO.7054 OF 2022 IN FA/1041/2021 KARBHARI VISHNU JADHAV

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD AND OTHERS ...

Advocate for Applicant : Mr. D. A. Bide.

AGP for Respondent/State: Mr. S. N. Morampalle. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

05th May, 2022.

P.C.:

.

These are the applications for withdrawal of compensation amount moved by the respective applicants/claimants.

Heard Mr. Bide, learned counsel for the respective applicants/ claimants and Mr. Morampalle, learned AGP for the respondent/State. It is revealed during the course of argument that the State/acquiring body has deposited the amount of compensation with the Reference Court / Executing Court. As such, it would be appropriate to dispose of these applications with directions to the Reference Court / Executing Court as under:

O R D E R

I.

The applications are disposed of with following directions to the Reference Court / Executing Court: II.

The respective applicants/claimants shall file fresh applications for withdrawal of compensation with the Reference Court / Executing Court within a week from today.

III.

Upon receiving such applications for withdrawal of compensation from the respective applicants/ claimants, the Reference Court / Executing Court shall decide the same on their own merits in the light of the orders passed by this Court regarding withdrawal of compensation in various civil applications as a guiding factor.

IV.

The Reference Court / Executing Court shall not reject the applications for withdrawal of compensation only because the appeal is sub-judice before this Court. V.

After receiving such applications for withdrawal of compensation, the Executing Court shall decide the same thereafter, within a week after giving an opportunity of being heard to both the sides. VI.

The applications are accordingly disposed of in view of above directions.

[ SHRIKANT D. KULKARNI, J. ] nga