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Bombay High CourtCA/5084/2023disposed off

Digambar S/O Madhukar Barade v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2023-04-24Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 71 & 72 ca 5084-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 71 CIVIL APPLICATION NO.5084 OF 2023 IN FA/965/2022 WITH CA/5127/2022 IN FA/965/2022 DIGAMBAR S/O MADHUKAR BARADE

VERSUS

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

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent Nos.1 & 2: Mr. S. W. Mundhe Advocate for Respondent No.3 : Mr. G. B. Rajale ...

AND 72 CIVIL APPLICATION NO.5086 OF 2023 IN FA/963/2022 WITH CA/4998/2022 IN FA/963/2022 SUNIL WAMANRAO SURYAWANSHI

VERSUS

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

Advocate for Applicant : Mr. L. C. Patil AGP for Respondent Nos.1 & 2: Mr. S. W. Mundhe Advocate for Respondent No.3 : Mr. G. B. Rajale ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 24/04/2023.

P. C. :

The learned counsel Mr. G. B. Rajale causes appearance on behalf of respondent No.3 acquiring body. As such, the earlier appearance of learned counsel Mr. S. B. Patil on behalf of respondent No.3, stands discharged.

2 71 & 72 ca 5084-23 A) ORDER IN CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT :

1.

Heard rival submissions.

2.

The respective applicants in all these matters are seeking withdrawal of the entire deposited amount of compensation. The acquiring body in these matters have deposited 75% of the entire amounts of compensation.

3.

The learned counsel for the applicants placed on record copy of order dated 17/03/2023 whereby this court in other connected matters, has granted withdrawal of 90% of the deposited amounts alongwith the interest to the applicants therein. As such, the applicants herein are permitted to withdraw 90% of the deposited amounts of compensation in all these matters alongwith the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this court.

4.

The remaining amounts be kept in FDR in any nationalized Bank on yearly renewal basis till fnal disposal of these appeals. 5.

The civil applications are accordingly disposed of. B) ORDER IN CIVIL APPLICATIONS FOR STAY :

Since the appellant - acquiring body in all these applications, has deposited the amounts as directed by this court, the applications are made absolute in terms of prayer clause-B and disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-