Suraj Rajesh Salunke And Another v. The Executive Engineer Lift Irrigation Divison, Osmanabad Thr Sub Div. Officer Mohammad

2024:BHC-AUG:216-DB 915-CA-6194-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 915 CIVIL APPLICATION NO. 6194 OF 2021 IN FA/2608/2018 Suraj Rajesh Salunke And Another

VERSUS

The Executive Engineer Lift Irrigation Divison, Osmanabad Thr. Sub Div. Officer Mohammad ...

Mr. N. R. Pawade, Advocate for Applicants Mrs. U. S. Bhosle, AGP for Respondent Nos.2 and 3/State Mr. S. C. Arora, Advocate for Respondent No.1 ...

CORAM

: R.G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE :05.01.2024 PER COURT :

1.

This is an application for withdrawal of the amount of compensation deposited with this Court.

2.

The original claimant was one Shivajirao, who died leaving behind three daughters and a son, namely, Aruna, Shradha, Vandana and Rajesh. His son - Rajesh also passed away leaving behind two daughters and two sons, namely, Suraj, Sagar, Shalaka and Vishaka. The applicant - Suraj has placed on record a registered deed of release/relinquishment executed by Shalaka, Vishaka, Shradha and Aruna in favour of Suraj. Sagar reportedly died bachelor. As such, the claimants before us are Suraj and his maternal aunt - Vandana. An understanding is said to have been arrived at between the two.

3.

In similar matters, this Court has permitted to withdraw 50% of the amount in deposit. A copy of the order dated 27/09/2019 is placed on record.

915-CA-6194-2021.odt 4.

Learned Advocate for the acquiring body has strong objection to allow the applicants for withdrawal of more than 50% of the amount in deposit.

5.

To maintain parity, we are permitting the applicants viz. Suraj and Vandana to withdraw 50% of the amount deposited with this Court along with interest accrued thereon, subject to usual undertaking to be furnished to the satisfaction of the Registrar [Judicial] of this Court. The amount shall be deposited in the joint account of both of them.

6.

The civil application is disposed of accordingly. [NEERAJ P. DHOTE, J.] [R.G. AVACHAT, J.] Sameer