Balaji Sitaram Hole v. The State Of Maharashtra Through Collector Latur And ORS
2025:BHC-AUG:25359 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 9226 OF 2025 IN FA/130/2020 SITARAM APPARAO HOLE (DIED) THROUGH LRS KEVALBAI SITARAM HOLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND OTHERS WITH CIVIL APPLICATION NO. 9233 OF 2025 IN FA/134/2020 BASWARAJ SANGAPPA BELAPURE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND OTHERS WITH CIVIL APPLICATION NO. 9231 OF 2025 IN FA/132/2020 TUKARAM RAMKRISHNA KHANDADE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND OTHERS WITH CIVIL APPLICATION NO. 9232 OF 2025 IN FA/133/2020 BALAJI SITARAM HOLE
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND OTHERS
-2WITH CIVIL APPLICATION NO. 9230 OF 2025 IN FA/131/2020 SITARAM APPARAO HOLE (DIED) THROUGH LRS KEVALBAI SITARAM HOLE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR AND OTHERS ...
Advocate for Applicants : Mr. Gajanan K. Sontakke AGP for Respondent Nos. 1 and 2-State : Mr. V. S. Badakh Advocate for Respondent Nos. 3 and 4 : Mr. Sudhir G. Bhalerao ...
CORAM :
ABHAY S. WAGHWASE, J.
DATED :
18 SEPTEMBER 2025 PER COURT :- 1.
Heard.
2.
These applications are filed seeking withdrawal of amount of interest accrued on the amount of compensation. 3.
Learned counsel for the applicants-claimants submits that, as per order of this Court dated 05.03.2021, the applicants-claimants have withdrawn 40% amount deposited in this Court on submitting an undertaking to the satisfaction of the Registrar (Judicial). Learned counsel further submits that this Court, by order dated 14.09.2022, has also permitted the applicants-claimants to withdraw the remaining 60% amount along with accrued interest thereon, on furnishing solvent surety/security.
-34.
Learned counsel further points out that, this Court has, by order dated 18.12.2024 passed in similar group of matters i.e. Civil Application No. 13466 of 2024 in First Appeal No. 3425 of 2019, allowed the claimants therein to withdraw the interest component on the 40% amount withdrawn earlier by them. The said order dated 18.12.2024 is also placed on record for perusal. Learned counsel therefore submits that the present applications also deserve to be allowed on the ground of parity.
5.
Though learned counsel for the acquiring body opposed the applications, he concedes that in similar group of matters, the claimants therein were permitted to withdraw the interest accrued on 40% amount which was withdrawn earlier.
6.
In view of the above submissions and for the reasons mentioned in the Civil Applications, the same are allowed. The applicants are permitted to withdraw the interest component on 40% amount withdrawn earlier by them. The Civil Applications are accordingly disposed off.
[ABHAY S. WAGHWASE, J.] vre