Bhagwan Tulshiram Patil v. The Collector, Jalgaon And ORS

( 1 ) ca1109.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.1109 OF 2021 IN FAST/33737/2019 BHAGWAN TULSHIRAM PATIL

VERSUS

THE COLLECTOR, JALGAON AND ORS Mr.A.B. Kale, Advocate for the applicant.

Mr.P.M. Kulkarni, AGP for respondent/State.

Mr.S.S. Dhongade, Advocate for respondent Nos.2 and 4. CORAM : N.J.JAMADAR,J.

DATE :

02.03.2021 PC :- 01.

This is an application for withdrawal of amount of compensation deposited by appellant No.1 - acquiring body, in pursuance of judgment and award dated 27.02.2018 passed by the Reference Court in LAR No.63 of 2012 and connected matters.

02.

There are averments in the application in justification of prayer for withdrawal. It is submitted on behalf of the applicant that the acquiring body has chosen not to assail the orders passed by the Reference Court in the matters, which arose out of the same acquisition proceeding.

( 2 ) ca1109.21 03.

In the circumstances, it would be expedient in the interest of justice to allow the applicant to withdraw 75% of the amount.

Hence, following order :- The applicant is entitled to withdraw 75% of the amount deposited by respondent No.4 - appellant/ acquiring body, on furnishing an undertaking to the satisfaction of the learned Registrar (Judicial).

04.

The application stands disposed of.

[N.J.JAMADAR,J.] snk/2021/MAR21/ca1109.21