Baburao Gopinath Ambad v. The State Of Maharashtra, Through The Collector, Beed And ANR

2025:BHC-AUG:6489

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 1773 OF 2025 IN FA/1880/2023 Baburao Gopinath Ambad

VERSUS

The State Of Maharashtra, Through The Collector, Beed And Anr. ...

Shri N. R. Thorat, Advocate for Applicant Shri S. S. Dande, AGP for Respondent No. 1 Shri S. G. Bhalerao, Advocate for Respondent No. 2 ...

WITH CIVIL APPLICATION NO. 5560 OF 2023 IN FA/1880/2023 ...

CORUM :

ROHIT W. JOSHI, J.

DATE :

3rd MARCH, 2025 PER COURT :

CIVIL APPLICATION NO. 5560 of 2023 :

The execution of impugned judgment and award was stayed vide order dated 21.06.2003 on the condition that the 50% of the amount of the compensation awarded by the learned reference Court is deposited by the appellant with this Court within a period of 12 weeks. The appellant has deposited the amount accordingly.

In view of the above, Civil Application No. 5560 of 2023 is allowed by confirming the impugned order dated 21.06.2023. 1/3

The impugned order shall operate till final disposal of the appeal, subject to right of the respondents/land owners to seek withdrawal of amount.

CIVIL APPLICATION NO. 1773 OF 2025 :

This is an application for withdrawal of amount by the respondents/land owners. In the memo of civil application name of Baburao Gopinath Ambad alone is mentioned although Ravishankar Baburao Ambad and Dnyaneshwar Baburao Ambad are also original petitioners in Land Acquisition Case. Learned counsel for the applicant seeks leave to add the names of Ravishankar and Dnyaneshwar in the Civil Application. Leave to add the names is granted. Amendment be carried out forthwith. It is submitted that in similar matters entire amount deposited by the non-applicant/Acquiring body is allowed to be withdrawn along with accrued interest on furnishing usual undertaking.

3.

The learned counsel for the non-applicant/Acquiring body does not dispute the statement. In view of the above, the CA is disposed of permitting all the 3 applicants to withdraw the 2/3

amount deposited by the Acquiring body with this Court along with accrued interest. Civil Application is disposed of. FIRST APPEAL NO. 1880 OF 2023 :

Admit Call Record and Proceedings.

3.

Learned AGP waives for respondent/s - State 4.

Learned advocate waives for respondents/land owners. [ROHIT W. JOSHI] JUDGE KS_Kamble/ 3/3