Shrishalilya Limbanna Hondraw v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2024:BHC-AUG:10999 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 3 CIVIL APPLICATION NO. 2605 OF 2024 IN FA/751/2024 WITH CIVIL APPLICATION NO. 2603 OF 2024 IN FA/749/2024 SHRISHALILYA LIMBANNA HONDRAW ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS .....Respondents Mr. L. C. Patil, Advocate for the applicant Mr. M. N. Ghanekar, AGP for the respondents/State Mrs. S. D. Shelke, Advocate for respondent No.3 CORAM :

KISHORE C. SANT, J.

DATE :

14th JUNE, 2024 P. C.

1.

Heard the learned advocates for the parties.

2.

These applications are filed seeking withdrawal of the amount deposited by the acquiring body in this court.

(2) 3.

Learned advocate for the applicants produced on record orders passed by this court dated 05-12-2017 & 02-082019, in which this court directed the applicants in those applications to withdraw the amount of 50% of the deposited amount on furnishing usual undertaking. Remaining 25% of the deposited amount was directed to be withdrawn on furnishing solvent surety to the satisfaction of the learned Registrar (Judicial) of this court. Thus, it would be appropriate to pass similar order in the present cases also. Hence, the following order.

ORDER

a] Applications are partly allowed.

b] The applicants are permitted to withdraw 50% of the amount deposited with accrued interest on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court. Further 25% of the amount deposited with accrued interest to be withdrawn on furnishing solvent

(3) surety/security to the satisfaction of the learned Registrar (Judicial) of this court and remaining 25% of the amount deposited shall be kept in fixed deposit in any nationalized bank to be renewed periodically till the decision of the appeal. c] With this, the applications stand disposed off. [KISHORE C. SANT, J.] VishalK/3ca2605.24