Macchindra Rajaram Ravte And ORS v. The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad Under Gmidc, Aurangabad And ANR
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD.
919 CIVIL APPLICATION NO.7070 OF 2022 IN FA/2417/2021 VITTHAL DIGAMBAR MAPARE
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD UNDER GMIDC, AURANGABAD AND ANOTHER ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. A. B. Chate.
...
AND 921 CIVIL APPLICATION NO.7072 OF 2022 IN FA/2419/2021 KACHRU BABURAO GORE
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD UNDER GMIDC, AURANGABAD AND ANOTHER ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. N. T. Bhagat.
...
AND 922 CIVIL APPLICATION NO.7073 OF 2022 IN FA/2418/2021 MACCHINDRA RAJARAM RAVTE AND OTHERS
VERSUS
THE EX. ENGINEER, MINOR IRRIGATION DIV. NO. 1 AURANGABAD UNDER GMIDC, AURANGABAD AND ANOTHER ...
Advocate for Applicant : Mr. D. A. Bide.
AGP for Respondent/State: Mr. S. P. Deshmukh. ...
AND 923 CIVIL APPLICATION NO.7074 OF 2022 IN FA/2526/2021
SAKHRAM SOBA SATDIVE (DIED) THR LRS. DHONDIRAM (DIED)THR LRS. WATSALABAI AND OTHERS
VERSUS
THE EXE. ENGINEER, MINOR IRRIGATION DIV. NO.1, AURANGABAD UNDER G.M.I.D.C., AND ANOTHER ...
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 the learned respective AGPs 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