Anant Sukdeo Patil And ORS v. The State Of Maharashtra, Collector, Jalgaon And ORS
2025:BHC-AUG:3857-DB :: 1 ::
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.1566 OF 2025 IN FIRST APPEAL NO.1420 OF 2021 Anant Sukdeo Patil & ors.
... APPLICANTS
VERSUS
The State of Maharashtra & ors.
... RESPONDENTS .......
Ms Sakshi A. Kale, Advocate holding for Mr. A. B. Kale, Advocate for applicants Mr. N.S. Tekale, A.G.P. for State Mr. A.D. Pawar, Advocate for R.No.3 .......
WITH CIVIL APPLICATION NO.1569 OF 2025 IN FIRST APPEAL NO.1371 OF 2021 Anant Sukdeo Patil & ors.
... APPLICANTS
VERSUS
The State of Maharashtra & ors.
... RESPONDENTS .......
Ms Sakshi A. Kale, Advocate holding for Mr. A. B. Kale, Advocate for applicants Mr. N.S. Tekale, A.G.P. for State Mr. A.D. Pawar, Advocate for R.No.3 .......
WITH CIVIL APPLICATION NO.1578 OF 2025 IN FIRST APPEAL NO.1384 OF 2021 Anant Sukdeo Patil & ors.
... APPLICANTS
:: 2 ::
VERSUS
The State of Maharashtra & ors.
... RESPONDENTS .......
Ms Sakshi A. Kale, Advocate holding for Mr. A. B. Kale, Advocate for applicants Mr. N.S. Tekale, A.G.P. for State Mr. A.D. Pawar, Advocate for R.No.3 .......
WITH CIVIL APPLICATION NO.1589 OF 2025 IN FIRST APPEAL NO.1388 OF 2021 Anant Sukdeo Patil & ors.
... APPLICANTS
VERSUS
The State of Maharashtra & ors.
... RESPONDENTS .......
Ms Sakshi A. Kale, Advocate holding for Mr. A. B. Kale, Advocate for applicants Mr. N.S. Tekale, A.G.P. for State Mr. A.D. Pawar, Advocate for R.No.3 .......
CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ.
DATE : 7th FEBRUARY, 2025 O R D E R :
These Civil Applications are filed for withdrawal of the amount which is deposited by the respondent - acquiring body.
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2.
Learned Advocate for the applicants/ claimants submits that, the applicants may be allowed to withdraw another 25% amount, which has now been deposited by the acquiring body since according to her, the said amount is far below the amount awarded. She submits that, necessary undertaking would be given by the applicants/ claimants. 3.
The applications for withdrawal of amount are opposed by learned Advocate for the acquiring body. He submits that, if the appeals are heard, the acquiring body is likely to succeed. He submits that the appeals may be heard finally.
4.
It is not in dispute that so far only 50% of the amount under the impugned award has been deposited by the acquiring body. The acquiring body has not yet deposited remaining 50% of the amount along with interest. We, therefore, see no impediment to permit the applicants/ claimants to withdraw another 25% amount deposited by the acquiring body.
5.
Hence, the applicants are permitted to withdraw
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another 25% amount, which has now been deposited by the acquiring body, along with interest accrued thereon, subject to furnishing regular undertaking(s) to the satisfaction of learned Registrar (Judicial) of this Court. The applications for withdrawal of amount, as such, stand disposed of. (NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) fmp/-