MURLIDHAR RAMA VEER AND OTHERS v. THE EXECUTIVE ENGINEER MINOR IRRIGATION DIV. NO. 1 AND OTHERS
CA/10043/2026 · 2026-09-10
body2026
DailyLaw.ai
[ 2026 DAILYLAW 9382 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 9382 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
( 1 ) 903-CA-10043-2026 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 903 CIVIL APPLICATION NO. 10043 OF 2026 IN CA/10170/2024 Murlidhar Rama Veer And Others VERSUS The Executive Engineer Minor Irrigation Div. No. 1 And Others WITH CIVIL APPLICATION NO. 486 OF 2024 IN RAST/31454/2023 ... Mr. B. R. Kedar, Advocate for the Applicants. Mr. P. K. Lakhotiya, AGP for Respondent-State. Mr. S. C. Arora, Advocate for Respondent.
CORAM : KISHORE C. SANT & NEERAJ P. DHOTE, JJ. DATE : 10th SEPTEMBER 2026.
PC :-
1. Heard the learned Advocate for the Applicant.
2. This Court by earlier order dated 12/06/2025 had allowed the applicants to withdraw the amount of compensation lying in the office of This Court. The only difficulty is in respect of Applicant Nos. 5 and 6, who happen to be widows of one Govind Shivlal Kahite and Bharat
( 2 ) 903-CA-10043-2026 Shivlal Kahite. Govind Kahite died long back on 30/08/2017 and Bharat Kahite died on 06/09/2010.
3. It is the case of the applicants that, in fact, the sale-deeds in favour of the Acquiring Body are executed by these two ladies only, and the amount of compensation, considering the land as jirayat, was also paid to them by cheque. Now, the office has raised an objection that since the award was passed in the names of late Govind Kahite and Bhrat Kahite. The office also raised an objection since the names of applicants do not appear in the revenue records or in the award. In that case, they have to file succession certificate or heirship certificate to claim the amount. He submits that the said exercise is not required as initially Respondent/Acquiring body had paid the amount to them only and sale- deeds are also executed by these applicants.
4. Learned Advocate Mr. Arora appearing for respondent/Acquiring Body concedes the position that the amount of consideration in the sale- deeds was given to the Applicant Nos. 5 and 6. The sale-deeds are also executed by these two applicants only.
( 3 ) 903-CA-10043-2026
5. Considering above, this court does not find any difficulty in allowing the application by modifying the order dated 12/06/2025 to that extent. Office to permit the applicant Nos. 5 and 6 to withdraw the amount of their share.
6. With these, civil application stands disposed off.
[NEERAJ P. DHOTE, J.] [KISHORE C. SANT, J.] D.A.ETHAPE