Bhagwan Hiragir Giri (Died) Thr Lrs Kaushalyabai And ORS v. The Ex. Engineer, Minor Irrigation Div. No. 1 Aurangabad And ANR

(1) 941 CA-16234.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 941 CIVIL APPLICATION NO.16234 OF 2022 IN FA/1109/2021 WITH CA/6373/2021 IN FA/1109/2021 BHAGWAN HIRAGIR GIRI (DIED) THROUGH LRS KAUSHALYABAI AND OTHERS

VERSUS

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

Mr. D.A. Bide, Advocate for the applicants.

Mr. Ruturaj Patil, Advocate for respondent No.1. Mr. P.M. Kulkarni, A.G.P. for respondent - State ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

20.12.2022.

ORDER:- .

Heard rival submissions. It appears that the compensation amount is not deposited in this Court, but it is actually deposited with the Reference Court. Though the learned Counsel for the Acquiring Body raised certain objections in respect of the withdrawal of amount, but since the amount is not in this Court, those objections cannot be considered here. Accordingly, the application stands disposed of with liberty to the applicants to move necessary application for withdrawal of amount before the learned Reference Court. It is made clear that if such application is made for withdrawal of the amount by the applicants in the learned Reference

(2) 941 CA-16234.2022.odt Court, the learned Reference Court shall decide the same on its own merit and there will be no impediment of the stay order dated 23.07.2021 passed by this Court.

(SANDIPKUMAR C. MORE, J.) vd_dhirde