Nivrati S/O Shivba Kolhe Died v. The State Of Maharashtra Through The Collector

2025:BHC-AUG:28980 18-sr930.odt CORRECTED ORDER (In view of speaking to the minutes order dated 10.10.2025)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.10541 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.30146 OF 2023 (Pandharinath s/o. Gyayana Chewale, died, through L.Rs. vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10535 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.30136 OF 2023 (Bhaguram s/o. Nivrati Kasale, died, through L.Rs. vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10534 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.31135 OF 2023 (Nivrati s/o. Shivba Kolhe vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10531 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.30153 OF 2023 (Chandrabhagabai Ramchandra Kolhe, died, through L.Rs. vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10539 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.30143 OF 2023

(Rukmoddin s/o. Babansab Tamboli died, through L.Rs. vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10529 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.30124 OF 2023 (Sandipan s/o. Venkat Kandakure, died, through L.Rs. vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10538 OF 2025 (Bringing Lrs.) IN FIRST APPEAL STAMP NO.30165 OF 2023 (Kushavarta s/o. Bhauam Kolhe, died, through L.Rs. vs.

The State of Maharashtra, through Collector) AND CIVIL APPLICATION NO.10522 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.32703 OF 2023 Mahadeo s/o. Harishchandra Sude vs.

The State of Maharashtra and ors.

AND CIVIL APPLICATION NO.10521 OF 2025 (withdrawal of amount) IN FIRST APPEAL NO.30777 OF 2023 AND CIVIL APPLICATION NO.10524 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.30158 OF 2023 AND CIVIL APPLICATION NO.10520 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.30149 OF 2023

AND CIVIL APPLICATION NO. 10527 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.30140 OF 2023 AND CIVIL APPLICATION NO. 10526 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.30132 OF 2023 AND CIVIL APPLICATION NO.10523 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.32681 OF 2023 AND CIVIL APPLICATION NO. 10525 OF 2025 (withdrawal of amount) IN FIRST APPEAL STAMP NO.33629 OF 2023 ---- Mr.L.C.Patil, Advocate for applicants in all applications Mr,S.S.Dande and S.V.Hange, AGPs for respondent nos.1 and 2 in respective matters Mr.S.C.Arora, Advocate for respondent no.3 ----

CORAM

:

AJIT B. KADETHANKAR, J.

DATE :

SEPTEMBER 25, 2025 ORDER :- Applications For Bringing L.RS. on record:- These Civil Applications are filed by the applicants for incorporation of their names in the capacity as legal representatives of the deceased claimants.

2.

Mr.L.C.Patil, learned counsel for the applicants, submits that the original claimants have died and present applicants are their legal representatives. He would further submit that the right of the

claimants to receive compensation in the present appeals is devolves into and survives by the present applicants in the capacity of legal representatives of deceased - claimants. He would further submit that there is delay ranging between 410 and 1493 days in bringing the legal representatives on record. The details as regards the names of deceased in the respective applications, L.A.R. numbers and days of delay are as under:- C.A.

Nos.

(Year 2025) F.A.St Sr.

No.

Nos.

(Year 2023) Name of Deceased L.A.R. No.

Days of delay 10541 30146 Pandharinath s/o. Gyayana Chewale 84/2009 10535 30136 Bhagurm s/o. Nivrati Kasale 222/2010 10534 31135 Nivrati s/o. Shivba Kolhe 159/2009 10531 30153 Chandrabhagabai Ramchandra Kolhe 88/2009 10539 30143 Rukmoddin s/o. Babansab Tamboli 83/2009 10529 30124 Sandipan s/o. Venkat Kandakure 945/2006 10538 30165 Kushavarta s/o. Bhauram Kolhe 152/2009 He submits that due to lack of knowledge of the present proceedings, the applications could not be filed earlier. In view of this, he prays for condonation of delay in filing the applications and to direct the appellants to amend the title clause of the appeals and applications therein, by incorporating the names of the present applicants in the capacity as legal representatives of the claimants.

3.

Mr.Arora, learned counsel, in all fairness, places his no objection to allow the applications.

4.

In view of the above, the following order:- (i) Civil Applications are allowed.

(ii) Delay caused in filing the applications is condoned.

(iii) The appellant - acquiring body to carry out the necessary amendment in the title clause of the appeals as well as the applications therein, within two weeks from today.

C.As. for withdrawal of amount:

5.

In compliance of the order passed by this court while granting stay, the acquiring body has deposited the award amount in this court with interest accrued thereon. In view of this, the applicants, who have lost their properties in the compulsory acquisition, has filed present applications in the respective appeals, seeking permission to withdraw the deposited amount. The details as regards the names of the applicants - claimants in the respective applications and the L.A.R. numbers are as under:- Sr.

No.

C.A. No.

(Year 2025) F.A. St. No.

(Year 2023) Name of the applicant L.A.R. No.

10522 32703 Mahadeo s/o. Harishchandra Sude 38/20103 10521 30777 Vijaykumar s/o. Tukaram Kasle 763/2009

10524 30158 Sanjay s/o. Ashok Bastapure 89/2009 10520 30149 Santosh s/o. Ram Kolhe 87/2009 10527 30140 Vithal s/o. Dnyanoba Kutwad (died) 82/2009 10526 30132 Shakuntala s/o. Harischandra Kolhe 158/2009 10523 32681 Rajkumar s/o. Rama Kolhe 157/2009 10525 33629 Kiishor s/o. Vithal Kolhe 157/2009 The judgment and award dated 22/10/2021 passed by IIIrd Jt. Civil Judge, Senior Division, Latur.

6.

Mr.L.C.Patil, learned counsel for the applicants - claimants submits that it is not disputed that the properties of the applicants are acquired by the acquiring body. The entitlement of the applicants - claimants for compensation has been adjudicated by the reference court on appreciating the evidence on record and examining the facts. The applicants have legitimate right to receive the compensation, which is enhanced by learned reference court. As the applicants are in dire need of money and as their sole source of earning has been acquired by the acquiring body, they are left with no choice than to file the present applications. 7.

Mr.Patil, learned counsel for the applicants, places reliance on the order dated 21.11.2016 passed by this Court in Civil Application No.14037 of 2016 in FA No.1679/2014 with connected matters.

Mr.Patil, learned counsel, submits that the cited matters, arise out of the same land acquisition proceedings and the land

acquisition notification as also the award, which are the subject matters of present appeals and applications. He would submit that the order dated 21.11.2018 (supra) was passed after hearing the concerned parties, mainly, the acquiring body, on its own merits and thereafter, this court permitted the applicants therein to withdraw 50% of the amount deposited by furnishing undertaking to the satisfaction of learned Registrar (Judicial). He would further submit that they were also permitted to withdraw 25% of the deposited amount, on furnishing solvent security/surety for the like amount and balance 25% amount on furnishing Bank guarantee of any scheduled bank. Mr.Patil also submits that in the said order, this court has taken a note of the order dated 11.09.2011, passed by the Division Bench of this court in Civil Application No.11629 of 2015 with connected matters so also the order passed in Civil Application No.9727 of 2015 passed by learned single Judge of this court. 8.

Mr.Patil, learned counsel for the applicants, would also cite another order passed by this Court on 04.09.2025, in Civil Application No.9440 of 2025 in FAST No.31185/2023, whereby, this court permitted withdrawal of 50% of the amount with accrued interest, on furnishing undertaking and 50% amount on furnishing solvent security/surety. Mr.Patil would also invite attention of the

court to the order dated 08.08.2025, passed by this court in Civil Application No.8191 of 2025 in FA No.2321 of 2014, whereby, withdraw of amount has been permitted on the same lines. 9.

Mr.Patil, learned counsel for the applicants, now, submits that as the cited orders, permitting withdrawal of amount, arise out of one and same land acquisition proceedings and land acquisition notification, present applicants may also be permitted to withdraw the deposited amount in the same mode, on the principle of parity. 10.

Mr.Arora, learned counsel for the acquiring body, opposes withdrawal of amount by the applicants. He, however, agrees with the cited orders and that the matter pertains to the same land acquisition proceedings, award and notification. He agrees that the present appeals are also based on the same objections, which have been raised in the appeals in the cited cases. He would submit that the acquiring body, however, may have objection to the findings recorded by the reference court, which the acquiring body would demonstrate at the time of hearing of the appeals. 11.

In view of the above, I pass the following order:- (i) The applicants are permitted to withdraw 50% of the deposited amount along with interest accrued thereon, on furnishing an undertaking to the effect that in the event of success of the

acquiring body in the appeals, the applicants shall redeposit the amount within a period of three months from such decision in the office of this court.

(ii) The remaining 50% of the amount along with accrued interest thereon, is permitted to be withdrawn, on furnishing solvent surety/security to the satisfaction of learned Registrar (Judicial) of this Court.

(iii) The applications stand disposed of accordingly. [AJIT B. KADETHANKAR, J.] KBP