TUKARAM BIJAJI GOTE DIED THROUGH LRS ZUMBARBAI AND OTHERS.versusTHE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, COLLECTOR OFFICE, AURANGABAD AND ORS.

2026:BHC-AUG:42436
                                                                      929 CA 10385 OF 2026.odt

                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    BENCH AT AURANGABAD

                             929 CIVIL APPLICATION NO. 10385 OF 2026
                                          IN FA/1260/2024


             TUKARAM BIJAJI GOTE DIED THROUGH LRS ZUMBARBAI AND OTHERS.
                                              VERSUS
                  THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR,
                          COLLECTOR OFFICE, AURANGABAD AND ORS.
                                                 ...
                           Advocate for Applicant : Mr. Patil Laxmikant C.
                           AGP for Respondent nos. 1 & 2 : Mrs. D.S. Jape
             Advocate for Respondent Nos. 3 & 4 : Mrs. Vaishali S. Swami h/f Mr. Sudhir
                                           G. Bhalerao
                                                 ...
                                 CORAM               : SMT. MANJUSHA AJAY
                                                        DESHPANDE, J.
                                   DATE                : 11.09.2026


             PER COURT :

                     This application is filed by the claimant-respondent in First Appeal

             filed by the Acquiring body. It is submitted that middle name of applicant

             no. 4 Santosh Sakharam Gote in the First Appeal (St) No. 14282/2022 and

             C.A. No. 4629/2024 is wrongly shown as ‘Bijaji’. It ought to have been

             ‘Sakharam’. It is submitted that the claimants have already corrected the

             middle name of applicant no. 4 in the judgment and award passed by the

             Reference Court. Copy of the corrected middle name of applicant no. 4 is

             annexed to the Civil Application. It is submitted that in view thereof, the

             applicant may be permitted to correct the middle name in the First Appeal

             as well as Civil Application, which are pending before this Court.




                                                                                          1/2
                                                           929 CA 10385 OF 2026.odt

2.      After perusing the copy of the judgment, I find that there is correction
made in the middle name of applicant no. 4 before the Reference Court on
24.03.2026.

3.      During the course of arguments, learned advocate for applicant also
points out that while allowing the application (Civil Application No.
4629/2024) for withdrawal of amount filed by the claimants before this
Court, this Court vide order dated 07.05.2024 had allowed the applicants to
withdraw 75% of the amount deposited by the Acquiring Body. In the order
itself directed that the cheque of equal share shall be issued in the name of
Zumbarbai Tukaram Gote, Mandabai Bhausaheb Gote, Chandrakala
Sakharam Gote and Santosh Balaji Gote. It is submitted that on account of
wrong middle name shown in the title clause of the appeal, the same is
reiterated in the order passed by this Court, which needs to be corrected.
Unless it is corrected, the withdrawal of amount is not permitted on account
of discrepancy in the middle name of the applicant in the order and ID card.

4.      In view of the aforementioned difficulty faced by the applicant, the
order passed by this Court on 07.05.2024 is modified to the extent that
name of Santosh shall be read as ‘ Santosh Sakharam Gote’ in the order
dated 07.05.2024. Accordingly, the applicant is permitted to withdraw the
amount of compensation to the extent of his share.

5.      Civil Application stands disposed of.



                                ( SMT. MANJUSHA AJAY DESHPANDE, J.)




mkd/-




                                                                               2/2