Uttam Maruti Jagtap Died Through His Lrs Tukaram Uttam Jagtap v. The State Of Maharashtra Through Collector Osmanabad At Osmanabad

2025:BHC-AUG:33814 ( 1 ) 20 CA 13121 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 13121 OF 2025 IN FA/3244/2025 UTTAM MARUTI JAGTAP DIED THROUGH HIS LRS TUKARAM UTTAM JAGTAP AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND OTHERS ...

Mr. Madhav K. Jadhav h/f. Mr. A. S. More, Advocate for Applicants Mrs. M. N. Ghanekar, AGP for Respondents-State Mr. R. A. Tamble, Advocate for Respondent No.2 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.12.2025 PER COURT :- .

Heard.

2.

Applicants seek leave to withdraw amount of Rs. 3,99,779/- deposited in this Court.

3.

Learned counsel for the applicants submits that one of the legal heirs Ulhasbai w/o Kisan Das is no more and the applicants do not have information regarding other legal heirs. They are enable to furnish information to the acquiring body. It is submitted that they have no objection if her 1/6th share is kept intact and the balance amount with accrued interest is disbursed to the claimants.

( 2 ) 20 CA 13121 OF 2025 4.

Mr. Rahul Tambe, learned counsel for the respondent-acquiring body opposes the application. It is contended that the relationship of the applicants and the entitlement needs to be adjudicated first. If the amount is disbursed, it would be difficult to recover the same. 5.

It transpires from record that deceased Ulhasbai Kisan Das who is respondent no.4 is daughter and one of the legal heirs of original claimant Uttam Maruti Jagtap. She has 1/6th share in the compensation. The respondent-acquiring body has deposited only 50% of the compensation amount. It would be unreasonable to withhold the amount of the claimants on the ground that there is nobody to represent the deceased respondent no.4 - Ulhasbai Kisan Das. If her share to the extent of 1/6th is kept intact and the balance amount is disbursed, that would subserve the ends of justice. 6.

Civil Application is allowed partly permitting the applicants to receive the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court, save and except 1/6th share of deceased respondent no.4 - Ulhasbai Kisan Das. 7.

Office shall invest 1/6th share of deceased respondent no.4 - Ulhasbai Kisan Das in a nationalized bank.

( SHAILESH P. BRAHME, J. ) PRW