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Bombay High CourtCA/13648/2025disposed off

Tulshiram Balasaheb Nagare Died Thr Lrs Mangesh Tulshiram Nagare And Another v. The State Of Maharashtra And Others

2026-03-09Hon'Ble Shri Justice Arun R. Pedneker3 pages

2026:BHC-AUG:10152

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 61 CIVIL APPLICATION NO. 14324 OF 2025 IN WP/1704/2009 KISANDAS PREMANI DIED THR LRS SUNITA KISANDAS PREMANI

VERSUS

SHIRDI NAGAR PANCHAYAT SHIRDI THR LRS CHIEF OFFICER AND ANOTHER ...

Advocate for Applicant : Mr. Fulfagar Anuj Ajay AGP for Respondents 1 to 3 in WP: Mr. P.M. Kulkarni Advocate for other Respondents : Mr. V.D. Khivesara h/f. Mr. A.S. Bajaj ...

WITH CIVIL APPLICATION NO. 13648 OF 2025 IN WP/1704/2009 TULSHIRAM BALASAHEB NAGARE DIED THR LRS MANGESH TULSHIRAM NAGARE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. Pawar Amol Ajay AGP for Respondents 1 to 3 in WP: Mr. P.M. Kulkarni Advocate for other Respondents : Mr. V.D. Khivesara h/f. Mr. A.S. Bajaj ...

CORAM

: ARUN R. PEDNEKER, J.

Dated : March 09, 2026 PER COURT :- 1.

Present civil applications are filed by the applicants who are legal heirs of original claimants for withdrawal of amount. They have also placed on record the legal heirship certificates. The learned counsel for the applicants submits that none else other than the present applicants are entitled to receive the compensation as claimed in the applications.

2.

The learned counsel for the respondents has not disputed that the original claimants are entitled to receive compensation in terms of judgment of Hon'ble Supreme Court in the case of Sayyed Ratanbhai Sayeed (D) Th. Lrs. & Ors. Vs. Shirdi Nagar Panchayat & Anr. Bearing Civil Appeal No.(s) 14016/2015 with other connected matters decided on 22.2.2016.

3.

In Civil Application No. 14324/2025, affidavits of applicant Nos. 12 to 1-7, sworn in before the section officer of this Court, are filed stating therein that they have no objection if the entire amount along with accrued interest is withdrawn by applicant No. 1-1 i.e. Sunita Kisandas Premani.

4.

In view of above, following order is made :-

O R D E R

(I) Civil Applications No. 14324/2025 is allowed and disposed of in terms of prayer clause 'A', which is as under :- "A) This Hon'ble Court may be pleased to allow applicant No. 1-1 i.e. Sunita Kisandas Premani to withdraw the entire amount of Rs. 20 lakhs alongwith the interest thereon."

II) Civil Application No. 13648/2025 is allowed and disposed of in terms of prayer clause 'B', which is as under :- "B] The applicants may kindly be permitted to withdraw the amount for 1 shop an amount of Rs.15,00,000/- along

with accrued interest in the interest of justice and for that purpose appropriate orders may kindly be passed." ( ARUN R. PEDNEKER, J. ) ssc/