Annarao Narhari Jadhav Died Through Lrs Lochanabai And ORS. v. The State Of Maharashtra Through Its Collector, Osmanabad And ORS.
2026:BHC-AUG:2842 ( 1 )
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 56 CIVIL APPLICATION NO. 685 OF 2026 IN FA/2848/2025 ANNARAO NARHARI JADHAV DIED THROUGH L RS LOCHANABAI AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, OSMANABAD AND ORS.
WITH CIVIL APPLICATION NO. 687 OF 2026 IN FA/2848/2025 ANNARAO NARHARI JADHAV DIED THROUGH LRS LOCHANABAI AND ORS.
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS COLLECTOR, OSMANABAD AND ORS.
WITH CIVIL APPLICATION NO. 688 OF 2026 IN FA/2849/2025 DATTATRAYA ANNARAO JADHAV.
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABADAND ORS.
WITH CIVIL APPLICATION NO. 155 OF 2021 IN FA/2848/2025 THE EX. ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING DIV. OMERGA
VERSUS
ANNARAO NARHARI JADHAV AND ORS WITH CIVIL APPLICATION NO. 157 OF 2021 IN FA/2849/2025 THE EX. ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING DIV. OMERGA
VERSUS
DATTATRAYA ANNARAO JADHAV AND ORS ...
Ms. L. R. Thakur h/f. Mr. L. C. Patil, Advocate for Claimants Mr. S. N. Morampalle, AGP for Respondent-s/State Mr. Mukul S. Kulkarni, Advocate for Acquiring body ...
( 2 )
CORAM
: SHAILESH P. BRAHME, J.
DATE : 21.01.2026 PER COURT :- CIVIL APPLICATION NO. 685 OF 2026 .
Applicants seek to condone delay in setting aside abatement and in bringing legal heirs of sole claimant Annarao s/o Narhari Jadhav on record. 2.
The cause of action survives as against the legal heirs. They are necessary parties. There is no reason to infer malafides on the part of the applicants for causing delay.
3.
Civil Application is allowed in terms of prayer clause "A", "B" and "C".
CIVIL APPLICATION NO. 687 OF 2026 CIVIL APPLICATION NO. 688 OF 2026 4.
Heard both sides.
5.
The respondent - acquiring body has deposited Rs.74,75,212/- in First Appeal No.2848 of 2025 and Rs.6,92,514/- in First Appeal No.2849 of 2025. Applicants are seeking withdrawal of the amount and for that purpose, they are relying upon orders passed by coordinate bench on 11.09.2023. 6.
Applications are contested by the respondents on the ground that in one of the appeals, huge amount is deposited by the acquiring body and therefore stringent conditions should be imposed. It is further contended that minimum disbursal would be granted to the claimants.
7.
In a similarly situated matters, this Court permitted the claimants to
( 3 ) withdraw the amount depending upon the extent of deposits. In the present appeals, entire amount has been deposited. The extent of area of acquisition is also different. Ends of justice would be met in permitting the applicants to receive 70% of the deposited amount with accrued interest in First Appeal No.2848 of 2025 and 80% of the deposited amount with accrued interest in First Appeal No.2849 of 2025. This arrangement is made under the peculiar facts and circumstances of the case.
8.
Civil Applications are allowed partly permitting the applicants to receive 70% of the deposited amount in First Appeal No.2848 of 2025 with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court and 80% of the amount in First Appeal No.2849 of 2025 with accrued interest on furnishing undertaking to the satisfaction of learned Registrar (Judicial) of this Court.
CIVIL APPLICATION NO. 155 OF 2021 CIVIL APPLICATION NO. 157 OF 2021 9.
As the amounts of compensation are deposited by the acquiring body, ad-interim stay granted earlier shall stand confirmed. 10.
Civil Applications are disposed of.
( SHAILESH P. BRAHME, J. ) PRW