Jitendra Dattatray @ Dattuy Mundkar And ANR. v. The State Of Maharashtra Thr. The Dy. Collector (Land Acquisition), Raigad And ANR.

36-ASIA-1996-2022-IN-FAL-9137-2021.DOC Pradip

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1996 of 2022 IN FIRST APPEAL (ST) NO. 9137 OF 2021 Jitendra Dattatraya alias Dattu Mundkar & Anr ...Applicants In the matter between Deputy Collector (Land Acquisition) & Anr ...Appellants

Versus

Jitendra Dattatraya alias Dattu Mundkar & Anr

...Respondent

Mr Hemant Ghadigaonkar, for the Applicants.

Mr AR Patil, AGP for the State.

CORAM

G.S. Patel & M.G. Sewlikar, JJ.

DATED: 7th June 2022 PC:- PRADIPKUMAR PRAKASHRAO DESHMANE 1.

The Interim Application is fled by the Respondents to the Appeal seeking leave to withdraw 50% of the amount deposited by PRADIPKUMAR PRAKASHRAO DESHMANE Date: 2022.06.08 16:34:00 +0530 the State without security and the remaining amount with security to the satisfaction of the Reference Court.

2.

The Reference Court had permitted withdrawal of 25% of the deposit. The Respondents carried this in Appeal. Their application 7th June 2022

36-ASIA-1996-2022-IN-FAL-9137-2021.DOC or appeal was allowed to be withdrawn with liberty to fle the present Interim Application in the State's Appeal. 3.

The Applicants (Respondents) are agriculturists. We see no reason why an order as sought should not be made. What form of the security is to take is left to the decision of the Reference Court. Accordingly Interim Application is made absolute in terms of prayer clause (a) which reads thus:

(a) That the Applicants be permitted to withdraw 50% of the amount deposited by State without security and remaining amount with security towards satisfaction of the reference court.

4.

Interim Application is disposed of in these terms. 5.

No costs.

(M.G. Sewlikar, J) (G. S. Patel, J) 7th June 2022