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Bombay High CourtCA/3404/2023disposed off

Prakash Shrimant Ingle And ORS v. The State Of Maharashtra Through Collector, Osmanabad And ORS

2023-03-15Hon'Ble Shri Justice Sandipkumar C. More3 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3404 OF 2023 IN FIRST APPEAL NO. 629 OF 2022 Prakash s/o Shrimant Ingle Applicant

Versus

The State of Maharashtra & others Respondents Mr. L. C. Patil, advocate for the Applicant Mrs. G. L. Deshpande, AGP for Respondents No.1 & 2. Mr. S. G. Sangle, advocate for Respondent No.3. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 15th March, 2023.

PC :

Heard rival submissions.

The applicant is seeking withdrawal of amount of compensation deposited by the acquiring body. However, under order dated 17.02.2023, this Court, in other connected matters, has already allowed the applicants therein to withdraw 75% of the amount of compensation.

In view of the same, the applicant herein is permitted to withdraw 75% of the deposited amount along

{2} with proportionate interest accrued thereon till date i.e. 50% on furnishing undertaking in usual terms and 25% on furnishing solvent surety/security to the satisfaction of Registrar (J) of this Court. The remaining amount be invested in FDR, in any Nationalised Bank, on yearly renewal basis till final disposal of appeal.

Civil Application is disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb

{3}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3553 OF 2022 IN FIRST APPEAL NO. 629 OF 2022 Executive Engineer, Minor Irrigation Division, Osmanabad Applicant

Versus

Prakash Shrimant Ingle & others Respondents Mr. S. G. Sangle, advocate for the Applicant Mr. L. C. Patil, advocate for Respondent No.1. Mrs. G. L. Deshpande, AGP for Respondents No. 2 & 4. CORAM : SANDIPKUMAR C. MORE, J.

DATE : 15th March, 2023.

PC :

Since the acquiring body has deposited entire amount of compensation, the application is made absolute in terms of prayer clause {B} and disposed of.

(SANDIPKUMAR C. MORE) JUDGE adb