Devidas Ambadas Naikwadi (Died) Thr Lrs Kusum And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

1984.22CA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 981 CIVIL APPLICATION NO.1984 OF 2022 IN FIRST APPEAL NO.2251 OF 2018 ...

DEVIDAS AMBADAS NAIKWADI [DIED] THROUGH L.Rs.KUSUM AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for applicants : Mr.R.V.Naiknavare AGP for respondent-State : Mr.S.S.Dande Advocate for respondent no.3 : Mr.Jeevan R. Patil h/f.Mr.G.B.Rajale ...

CORAM : S.G.DIGE, J.

DATE : 13.09.2022 P.C. :

1] Heard the learned counsel for the applicants, learned AGP and the learned counsel for respondent no.3. 2] The learned counsel for the applicants submits that applicants' land is acquired by respondent no.3. In connected group of matters, this Court [Coram : Shrikant D. Kulkarni, J.] has permitted the applicant therein to withdraw 75% amount out of deposited amount, hence, the same order be passed.

3] The learned counsel for respondent no.3 submits that appropriate order be passed.

1984.22CA 4] Considering submissions of both learned counsel and this Court [Coram : Shrikant D. Kulkarni, J.], in connected group of matters, has permitted the applicant therein to withdraw 75% amount, hence, this court cannot take different view and I pass the following order :

ORDER

i] The application is allowed.

ii] The applicant is permitted to withdraw 75% amount along with accrued interest thereon out of deposited amount on furnishing undertaking. The remaining 25% amount be kept in Fixed Deposit in any National Bank.

iii] Civil Application is disposed of accordingly. [S.G.DIGE] JUDGE DDC