Kruparam Traymbak Wani (Died) Thr Lrs Prabhakar And ORS v. The Special Land Acquisition Officer, Minor Irrigation, Jalgaon And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO. 10134 OF 2025 IN FAST/9775/2021 KRUPARAM TRYAMBAK WANI (DIED) THR LRS PRABHAKAR AND ORS

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, MINOR IRRIGATION, JALGAON AND ORS WITH CIVIL APPLICATION NO. 5943 OF 2021 IN FAST/9775/2021 WITH CIVIL APPLICATION NO. 5944 OF 2021 IN FAST/9775/2021 CIVIL APPLICATION NO.13649 OF 2025 IN FAST/9775/2021 ...

Advocate for Applicants : Ms. S. A. Kale h/f Mr. Kale Ajeet B. AGP for Respondents-State : Mr. N. R. Dayma.

Advocate for respective Respondents : Mr. R. A. Tambe. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 10.12.2025 PER COURT :- 1.

Heard both sides.

2.

Applicants seek to condone delay of 234 days in preferring appeal. The averments of the application have not been controverted. The delay stands condoned. 3.

Civil application for delay is allowed.

Civil Application for Transfer of amount 4.

Applicants have filed separate application for withdrawal of amount and transferring the amount if permitted to be withdrawn to the Reference Court.

5.

The respondent/acquiring body has deposited amount of Rs.51,43,635/- which is sought to be withdrawn. The deposits are towards 50% of the compensation only. It is informed that in similarly situated matters, the claimants were permitted to receive 50% of the amount with accrued interest. I propose to adopt the same course.

6.

Civil application is allowed by permitting the applicants to receive the amount with accrued interest on furnishing undertaking.

7.

The amount shall be transferred to the learned Civil Judge Senior Division, Chalisgaon and the undertaking shall be furnished to the satisfaction of the Presiding Officer. 8.

In view of the above order, civil application is disposed of.

First Appeal 9.

Admit.

10.

Learned counsel Ms. Kale waives service of notice for respondents/claimants.

11.

Call for Record and Proceedings from the concerned Court.

12.

Print is dispensed with.

Civil Application for Stay 13.

As the amount is deposited in pursuance of the orders of this Court, ad-interim relief granted earlier shall stand confirmed.

14.

Civil application is disposed of.

15.

Civil Application No.13649 of 2025 is disposed of as not pressed.

(SHAILESH P. BRAHME, J.) ...

vmk/-