Babu Anna 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