Munshi Atik Abdul Khayumsab And ANR v. The Ex. Engineer, Minor Irrigation Division Osmanabad And ORS

{1} CA 1205 OF 2020

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 91 CIVIL APPLICATION NO.1205 OF 2020 IN FAST/38193/2017 MUNSHI ATIK ABDUL KHAYUMSAB AND ANR

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIVISION OSMANABAD AND ORS ...

Advocate for Applicants : Mr.Apparao Yenegure Advocate for Respondent No.1 : Mr.M. S. Kulkarni AGP for Respondents No2 & 3 : Mr.P.M.Kulkarni ...

CORAM : K.K.SONAWANE, J.

DATE: 17th February, 2020 PER COURT:- 1.

Present application is fled by respondent No.2 and 3claimants seeking permission for withdrawal of decreetal amount.

2.

It has been submitted that applicant-Acquiring Body fled the appeal against the impugned Judgment and order passed by the learned Reference Court in LAR No.36 of 2010. The original claimant No.1- Munshi Amisa Abdul Khayumsab and present two applicants fled the reference petition under Section 18 of the Land Acquisition Act, 1894, which came to be partly allowed by the Reference Court. It has been contended that original claimant No.1-Munshi Amisa Abdul Khayumsab is no more and died on 26.06.2013. Applicants are the only legal heirs of deceased claimant No.1-Munshi Amisa Abdul Khayumsab. Therefore, they fled present application seeking withdrawal of the decreetal amount.

{2} CA 1205 OF 2020 3.

It is to be noted that appellant-Acquiring Body has fled the appeal accompanied with application for condonation of delay against the claimants including present two applicants. The legal heirs of deceased claimant No.1-Munshi Amisa Abdul Khayumsab are yet to be brought on record. The applicants did not produce any documents about death certifcate as well as heir-ship certifcate. In such circumstances, the application cannot be taken into consideration for granting permission for withdrawal of compensation amount. Hence, application being inapt deserves to be dismissed. Accordingly, application stands dismissed.

( K.K.SONAWANE ) JUDGE SPT