Dasrao Martandrao Inamdar His Power Of Attorney Vilas Dasrao Inamdar v. The State Of Maharashtra And Another

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2321 OF 2015 IN FIRST APPEAL NO. 2091 OF 2014 MANIK RAMA BODKE (DIED L. RS.) SMT. HIRKANBAI MANIKRAO SHINDE AND OTHERS CIVIL APPLICATION NO. 2320 OF 2015 IN FIRST APPEAL NO. 2092 OF 2014 PANDURANG RAMA BODKE CIVIL APPLICATION NO. 2323 OF 2015 IN FA/2104/2014 SANJAY PANDITRAO BIRAJDAR DEAD THROUGH HIS LRS SINDHUBAI PANDITRAO BIRAJDAR AND O CIVIL APPLICATION NO. 2322 OF 2015 IN FA/2103/2014 JEEVAN RAJU BIRAJDAR AND OTHERS CIVIL APPLICATION NO. 2325 OF 2015 IN FA/2102/2014 SURYABHAN SHANKAR BIRAJDAR CIVIL APPLICATION NO. 2326 OF 2015 IN FA/2099/2014 VIJAYKUMAR NIVRUTTIRAO SHINDE

-2CIVIL APPLICATION NO. 2327 OF 2015 IN FA/2100/2014 RAVINDRA NIVRUTTIRAO SHINDE CIVIL APPLICATION NO. 2328 OF 2015 IN FA/2094/2014 SHANTABAI BIRU SONTAKKE CIVIL APPLICATION NO. 2332 OF 2015 IN FA/2095/2014 SANTRAM GUNDA GHODKE CIVIL APPLICATION NO. 2329 OF 2015 IN FA/2097/2014 BIRU MAHADU SONTAKKE DEAD THROUGH HIS LRS SHANTABAI BIRU SONTAKKE AND OTHERS CIVIL APPLICATION NO. 2331 OF 2015 IN FA/2098/2014 RAMESH VITTHALRAO MORE (DIED L.RS.) SHAKUNTALA RAMESH MORE AND OTHERS CIVIL APPLICATION NO. 2343 OF 2015 IN FA/311/2015 SUDHAKAR SHANKAR BIRAJDAR (DIED L.RS.) SWATI SUDHAKAR BIRAJDAR CIVIL APPLICATION NO. 2344 OF 2015

-3IN FA/306/2015 VENKAT NAGORAO GAIKWAD CIVIL APPLICATION NO. 2346 OF 2015 IN FA/290/2015 MADHAV TIPPA GHODKE (DEAD THOURGH L.RS.) RATANBAI MADHAV GHODKE AND OTHERS CIVIL APPLICATION NO. 2347 OF 2015 IN FA/308/2015 SHRIMANT KRISHNAJI BIRAJDAR CIVIL APPLICATION NO. 2348 OF 2015 IN FA/310/2015 CHANDRAKANT SHANKAR BIRAJDAR CIVIL APPLICATION NO. 2349 OF 2015 IN FA/309/2015 SAYYAD DILAWAR KHAJABHAI AND ANOTHER CIVIL APPLICATION NO. 2350 OF 2015 IN FA/287/2015 DILIP MARUTI GHODKE CIVIL APPLICATION NO. 2351 OF 2015 IN FA/342/2015 VITTHAL TUKARAM BIRAJDAR

-4CIVIL APPLICATION NO. 2352 OF 2015 IN FA/312/2015 KISAN RAJARAM TELANG (DEAD THROUGH L.RS.) SANJU @ SANJAY KISAN TELAND ANOTHER CIVIL APPLICATION NO. 2353 OF 2015 IN FA/297/2015 BAPU TIPPA GHODKE CIVIL APPLICATION NO. 2354 OF 2015 IN FA/291/2015 SHIVAJI MAHADU SONTAKKE CIVIL APPLICATION NO. 2355 OF 2015 IN FA/343/2015 ANANT TUKARAM BIRAJDAR CIVIL APPLICATION NO. 2356 OF 2015 IN FA/292 /2015 LALITA ASHOK DANDGE CIVIL APPLICATION NO. 2357 OF 2015 IN FA/340/2015 DASRAO MARTANDRAO INAMDAR, HIS POWER OF ATTORNEY VILAS DASRAO INAMDAR CIVIL APPLICATION NO. 2358 OF 2015 IN FA/341/2015

-5- HARI TUKARAM BIRAJDAR CIVIL APPLICATION NO. 2359 OF 2015 IN FA/307/2015 RAMESH NAGORAO GAIKWAD (DEAD THROUGH L.RS. CHAYABAI RAMESH GAIKWAD AND ANOTHER .....

Advocate for the applicants: Mr. N.B. Khandare AGP for respondent No.1: Mrs. A.V. Gondhalekar, Mr. S.G. Karlekar, Mrs. S.A. Dhumal, Mr. K.J. Ghute Patil, in respective applications Advocate for respondent No.2: Mr. S.S. Dande .....

CORAM : R. M. BORDE AND V. K. JADHAV, JJ.

DATED : 27th MARCH, 2015 P.C. :- 1.

Heard.

2.

These are the applications seeking withdrawal of amount deposited by the M.I.D.C. in this Court towards enhanced compensation. Considering the contentions raised by the applicants, the applications need to be allowed and the same are accordingly allowed partly.

3.

The applicants shall be permitted to withdraw 25% of the amount out of the amount deposited by the acquiring body/appellant

-6in this court on furnishing undertaking to the effect that in the event of success of appeals, the applicants would re-deposit the amount in this Court within a period of 12 weeks from such decision. Further a sum of Rs.25% out of the amount deposited by the acquiring body in this Court shall be permitted to be withdrawn by the applicants on furnishing solvent security for the like amount. 4.

The balance amount of 50% out of the amount deposited by the acquiring body in this court shall be deposited in fixed deposit in any Nationalized Bank, initially for a period of three years. The fixed deposit shall be renewed thereafter until disposal of the appeal. 5.

With the directions as above, civil applications stand disposed of.

( V. K. JADHAV, J.) ( R. M. BORDE, J. ) rlj/