Sandu S/O Pandurang Ghatge And ANR v. The State Of Maharashtra Through Collector And ANR

2024:BHC-AUG:9974 905ca633.2024

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 633 OF 2024 IN FAST/2742/2023 KHANDU S/O RAMA VANARASE DIED LRS MANKARNABAI LAHANE AND ORS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DIVISION NO.1 AND ANR ...

Advocate for Applicant : Mr. Adkine Sonaji Kundlikrao AGP for Respondents/State : Mr.S.N.Kendre ...

AND 908 CIVIL APPLICATION NO. 3171 OF 2024 IN FAST/2745/2023 SANDU S/O PANDURANG GHATGE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND ANR ...

Advocate for Applicant : Mr. Adkine Sonaji Kundlikrao AGP for Respondents/State : Mr.N.B. Patil Advocate for Respondent No. 2 : Mr. S.G.Bhalerao ...

CORAM : S. G. MEHARE, J.

DATE : 07th MAY, 2024.

PER COURT :

1.

Heard the learned counsel for the respective parties. 2.

Considering the grounds raised in both applications,

905ca633.2024 the applications deserve to be partly allowed. 3.

The applicants are allowed to withdraw 75% of the amount deposited with proportionate interest accrued thereon. 50% amount be released on furnishing undertaking that they would re-deposit the money with this Court, if the impugned judgment and award is reversed and 25% amount be released on furnishing solvent surety.

4.

The balance amount be invested in Fixed Deposit, in any Nationalized Bank, as per rules.

5.

The applications are allowed in above terms.

( S. G. MEHARE ) JUDGE mahajansb/