Shri.Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur And v. The State Of Maharashtra (Through The Special Land Acquisition Officer)
31-IA-7882-2023.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 7882 OF 2023 IN FIRST APPEAL NO. 610 OF 2021 Shri. Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur And Ors.
...Applicants (Org.
Claimants)
IN THE MATTER BETWEEN
The State of Maharashtra ...Appellant
Versus
Shri. Atmaram @Hausha Mahadeo Thakur Deceased Thr. Lrs. Smt. Mathurabai Atmaram @ Hausha Thakur And Ors.
Digitally signed by TALLE SHUBHAM ASHOKRAO Date:
2024.01.12 18:21:53 +0530 TALLE SHUBHAM ASHOKRAO
...Respondents
************ Mr. Hemant P Ghadigaonkar, a/w Ms. Pallabi Chatterjee Advocate for Applicant.
Ms. Tanaya Goswami, AGP for Respondent/state. ************ CORAM : M.M. SATHAYE, J.
DATE : 12th JANUARY, 2024 P.C. :
1.
This is an Application by Original Claimant for permission to withdraw 50% of the amount deposited by the State in the Reference Court At Alibaug. The matter is arising out of the Land Acquisition Act, 1894. The second prayer is for withdrawal of the remaining 50% amount also, on furnishing bank guarantee. 2.
So far as the first prayer is concerned, it is rightly pointed out by learned Counsel for the Applicants that already under Shubham Talle
31-IA-7882-2023.doc Order dated 22.12.2021, the Applicants are permitted to withdraw the 50% of the amount on the condition of filing an undertaking as directed under the said Order. It is common ground that necessary undertakings are already filed by the Applicants in the Reference Court.
3.
In that view of the matter, the Interim Application is allowed in terms of prayer clause (a).
4.
So far as prayer clause (b) is concerned, learned counsel for the Applicants seeks liberty to file fresh Application. Interim Application is disposed of with liberty as prayed. 5.
copy of this order.
(M.M. SATHAYE, J.) Shubham Talle