Tolyabai Sampatrao Sawant v. The State Of Maharashtra Through Collector Latur And ORS

1 930CA1270.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 930 CIVIL APPLICATION NO. 1270 OF 2025 IN FAST/26017/2023 Tolyabai Sampatrao Sawant

VERSUS

The State Of Maharashtra Through Collector Latur And Ors ...

Adv G.K. Sontakke - Advocate for Applicant Mrs. Kalpalata Bharaswadkar Patil - AGP for Respondent/State Mr. S. C. Arora - Advocate for Respondent No. 3 Mr. S. N. Patil - Advocate for Respondent Nos. 4 to 10 ...

WITH CIVIL APPLICATION NO. 1272 OF 2025 IN FAST/26017/2023 ...

CORAM : R. G. AVACHAT AND NEERAJ P. DHOTE, JJ.

DATED : 31ST JANUARY, 2025 PER COURT : - 1.

These are the applications with the following prayers : - "A] The Interim Application may kindly be allowed; B] The Applicants may kindly be permitted to withdraw the entire amount of compensation along with interest accrued thereon as per the chart below Exhibit "A-2" (as amount deposited by respondent acquiring body) before this Hon'ble Court and for that purpose issue necessary orders.

C] Any other suitable, equitable relief to which the applicant is entitled may kindly be granted in favour of the applicant."

2.

Heard both the sides.

3.

It is not in dispute that, in the connected Applications, this

2 930CA1270.2025.odt Court, after hearing both the sides i.e. Claimants and the Acquiring Body and the State, has passed the order dated 30th August, 2024 the operative part of which reads thus : - "ORDER (i) The applicants are permitted to withdraw 50% of the entire amount under the impugned judgment on furnishing regular undertaking by each of the claimants to the satisfaction of the Registrar (Judicial) of this Court.

(ii) The applicants are further permitted to withdraw the amount as directed in clause (i) above, in terms of prayer clause (C) of the applicants.

(iii) The Civil Applications are accordingly disposed of." 4.

Since the Applicants are similarly situated with the said Applicants, similar treatment needs to be given to them and, therefore, the present applications are allowed in terms of the order dated 30th September, 2025 passed by this Court in Civil Application Nos. 7582 of 2024 in First Appeal (St.) No. 26033 of 2023 and connected Applications.

5.

The Applications stand disposed of.

[NEERAJ P. DHOTE] [R. G. AVACHAT] JUDGE JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 01/02/2025 16:46:35