Azimbhai Mahebub Patel v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

916-ca-1983-22 (W)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1983 OF 2022 IN FA/2120/2015 AZIMBHAI MAHEBUB PATEL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ....

Mr. L.C. Patil, Advocate for the Applicant Mr. N.T. Bhagat, AGP for Respondent Nos.1 and 2 / State Mr. R.A. Tambe, Advocate for Respondent No.3 / acquiring body. ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 27th APRIL, 2022 PER COURT:- 1.

It is an application for withdrawal of compensation amount moved by the applicant / claimant .

2.

Heard Mr. L.C. Patil, learned counsel for the applicant / claimant and Mr. N.T. Bhagat, learned A.G.P. for respondent Nos. 1 and 2, and Mr. Tambe, learned counsel for Respondent No.3 / acquiring body.

3.

In civil application No.12794 of 2021 in first appeal No.2127 of 2015, this Court (Coram : R.G. Avachat, J.) was pleased to allow the claimants to withdrwa 75% of the amount

916-ca-1983-22 (W) deposited by the acquiring body on furnishing usual undertaking. By taking same view, the application needs to be allowed.

O R D E R

(i) The applicant / claimant is hereby permitted to withdraw 75% of the amount with accrued interest thereon subject to furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

(ii) Remaining 25% of the amount of compensation with accrued interest thereon shall be invested in the fixed deposit with any nationalized Bank initially for a period of one year with clause of renewal.

(iii) The civil application is accordingly disposed of. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane