Rajvantibai Surendrasing Thakur v. The State Of Maharashtra Through The Collector And ORS

32ca2091.25

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 32 CIVIL APPLICATION NO. 2091 OF 2025 IN FA/1687/2024 RAJVANTIBAI SURENDRASING THAKUR

VERSUS

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

Advocate for Applicant : Mr. Bide Dnyaneshwar A. AGP for Respondents/State : Mr.V.S.Badakh ...

CORAM : S. G. CHAPALGAONKAR, J.

Dated : 24.02.2025 PER COURT :- 1.

Heard Mr. Bide, learned Advocate appearing for applicant. 2.

Applicant is seeking withdrawal of amount deposited by respondent State in pursuance to the award passed by the reference Court.

3.

Substantive appeal has been filed challenging assessment of compensation by reference Court. Compensation is granted towards land as fruit bearing trees. Considering nature of dispute following order :

ORDER

(i) The Civil Application stands partly allowed. (ii) Applicant is permitted to withdraw 60% of the amount deposited by respondent with accrued interest by filing undertaking to the satisfaction of the Registrar, (Judicial) of this Court that they shall re-deposit amount in case an adverse order is passed against him. (iii) In addition to aforesaid amount the Claimants are

32ca2091.25 further permitted to withdraw 20% of the compensation amount deposited by respondent with accrued interest subject to filing solvent security/surety to the satisfaction of learned Registrar, (Judicial) of this Court. (iv) Rest of the amount be kept in fixed deposits with any nationalized bank to be renewed from time to time till final disposal of the main appeal.

(v) The Civil Application stands disposed off.

( S. G. CHAPALGAONKAR ) JUDGE mahajansb/