Narayan Rangnath Mane v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 471 OF 2024 IN FA/4476/2016 WITH CIVIL APPLICATION NO. 473 OF 2024 WITH CIVIL APPLICATION NO. 472 OF 2024 IN FA/4478/2016 PANCHPHULA RANGNATH MANE

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, OSMANABAD AND ORS Mr. L. C. Patil, Advocate for the applicant Mr. S. V. Hange, AGP for the respondent/State Mr. R. A. Tambe, Advocate for respondent No. 3.

CORAM

: R. M. JOSHI, J.

DATE : 11th JANUARY, 2024 P.C. :- 1.

This Court by order dated 20th March, 2019 had allowed the applicant to withdraw 50% of the compensation amount deposited in this Court along with accrued interest, 25% was permitted to be withdrawn subject to filing of the solvent security within a period of 12 weeks. Remaining 25% of the amount was directed to be invested in the fixed deposit in any nationalized bank till final disposal of the appeal. Pursuant to this order, the applicant withdrew 50% of the amount by giving an undertaking. He, however, could not furnish solvency for the purpose withdrawal of remaining 25% of amount. The order therefore came to be modified on 13th September, 2019 directing withdrawal of 50% amount. 912.ca471.24.odt

2.

The applicant now claims that he is in a position to furnish solvent security for the purpose of withdrawal of 25% of the amount. Considering the request and since this Court has already allowed the applicant to withdraw 25% amount with solvent surety, this Court finds no reason to dismiss the applications. Hence, applications are allowed. 3.

The applicant is at liberty to withdraw 25% amount along with accrued interest thereon, deposited in this Court by giving solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. 4.

Learned counsel for the applicant seeks four weeks time to comply with this direction. Time is granted.

(R. M. JOSHI, J.) ssp 912.ca471.24.odt