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Bombay High CourtCA/1264/2023disposed off

Shahu S/O Ambrushi Jadhav v. The State Of Maharashtra Thr Collector Osmanabad And Others

2023-02-07Hon'Ble Shri Justice Sandipkumar C. More3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1264 OF 2023 IN FIRST APPEAL ST. NO. 9391 OF 2019 Shahu s/o Ambrushi Jadhav Applicant

Versus

The State of Maharashtra & others Respondents Ms. L. R. Thakur, advocate holding for Mr. L. C. Patil, advocate for the Applicant Mr. A. B. Chate, AGP for Respondents.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th February, 2023.

PC :

Heard rival submissions.

The applicant is seeking withdrawal of entire amount of compensation along with interest which has been deposited by the appellant-State/acquiring body. The learned AGP strongly opposed the application on the ground that the learned Reference Court has granted 10 times more compensation as that of learned SLAO. In view of the same, the applicant, at this

{2} juncture, is permitted to withdraw 50% of the deposited amount along with proportionate accrued interest thereon by furnishing usual undertaking to the satisfaction of learned Registrar (J) of this Court. The remaining amount be invested in Fixed Deposit, in any Nationalised Bank, on yearly renewal basis till fnal disposal of the appeal.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5693 OF 2019 IN FIRST APPEAL ST. NO. 9391 OF 2019 The State of Maharashtra & others Applicants

Versus

Shahu s/o Ambrushi Jadhav Respondent Mr. A. B. Chate, AGP for the applicants.

Ms. L. R. Thakur, advocate holding for Mr. L. C. Patil, advocate for the Respondent.

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 07th February, 2023.

PC :

The appellant-State acquiring body is seeking condonation of delay of 1490 days which appears to be caused due to obtaining sanctions at various stages. There is no strong objection from the other side.

As such delay of 1490 days stands condoned. The appeal be placed for admission after removal of offce objections, if any.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb