Bombay High Court

KISANDAS PREMANI DIED THR LRS SUNITA KISANDAS PREMANIversusSHIRDI NAGAR PANCHAYAT SHIRDI THR LRS CHIEF OFFICER AND ANOTHER

Disposal: DISPOSED OFF
Bench: ARUN R PEDNEKER

Holding

The Court allowed the withdrawal of the compensation amounts by the petitioners and disposed of the applications.

Summary

The petitioners, legal heirs of the original claimants, filed two civil applications seeking withdrawal of compensation awarded in a prior judgment. They submitted legal heirship certificates and affidavits indicating that only the petitioner Sunita Kisandas Premani would withdraw the full amount of Rs. 20 lakhs with interest, and that the other applicants would withdraw Rs. 15,00,000 for a shop with accrued interest. The respondents did not contest the entitlement of the original claimants, acknowledging the Supreme Court decision in Sayyed Ratanbhai Sayeed (D) Th. Lrs. & Ors. Vs. Shirdi Nagar Panchayat & Anr. The Court examined the affidavits and found no objection to the withdrawals. Accordingly, the Court allowed both applications, ordering the withdrawal of the specified amounts with interest, and disposed of the applications.

Issues considered

What is the entitlement of the legal heirs to withdraw the compensation awarded to the original claimants?
Whether the withdrawal of the compensation amounts complies with the Supreme Court judgment in Sayyed Ratanbhai Sayeed (D) Th. Lrs. & Ors. Vs. Shirdi Nagar Panchayat & Anr.

Subjects

legal heirship
compensation withdrawal
civil application
interest
Supreme Court precedent
Shirdi Nagar Panchayat

Judgment

2026:BHC-AUG:10151

                                                                           CA 14324/25
                                                   1

                         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.
                                                               CA 14324/25
                                      2

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. 1-

2 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 :-

                                 ORDER

(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
                                                           CA 14324/25
                                  3

       with accrued interest in the interest of justice and for that
       purpose appropriate orders may kindly be passed.”



                                             ( ARUN R. PEDNEKER, J. )

ssc/

Continue reading with your account

Checking your session…