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Bombay High CourtCA/2942/2022disposed off

Mahadeo Lahu Gund v. The State Of Maharashtra Through The Collector, Osmanabad And Others

2022-03-01Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 918-2942-2022ca

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 918 CIVIL APPLICATION NO.2942 OF 2022 IN FA/1192/2020 WITH CA/2943/2022 IN FA/1194/2020 WITH CA/2944/2022 IN FA/1193/2020 MAHADEO LAHU GUND

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS Mr L.C. Patil, Advocate for applicants Mr S.G. Sangle, A.G.P. for respondents no.1 and 2 Mr G.B. Rajale, Advocate for respondent no.3 AND 919 CIVIL APPLICATION NO.2945 OF 2022 IN FA/1177/2020 SAMIR ARVIND SHINGADE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS Mr L.C. Patil, Advocate for applicants Mr A.B. Chate, A.G.P. for respondents no.1 and 2 Mr G.B. Rajale, Advocate for respondent no.3 CORAM : SHRIKANT D. KULKARNI, J.

DATE : 1st March, 2022 PER COURT :

1.

These are applications for withdrawal of amount moved by the respective claimants.

2.

Heard Mr L.C. Patil, learned Advocate for applicants, Mr G.B. Rajale, learned Advocate for respondent no.3/acquiring body and learned A.G.P.s for respondents no.1 and 2 in respective applications. 3.

Mr Patil, learned Advocate for applicants seeks leave to place on record copy of order dated 30.8.2021 passed by this Court in Civil Application No.8367 of 2021 in First Appeal (St.) No.22637 of 2019 with connected matter regarding withdrawal of amount arising out of same project and acquisition.

2 918-2942-2022ca 4.

Leave granted. The copy of order dated 30.8.2021 is taken on record and marked "X" for identification.

5.

By taking same view, these applications for withdrawal of amount need to be allowed to the extent of withdrawal of 75% of the amount in deposit in this Court as under :

ORDER

(i) The applicants/claimants are permitted to withdraw 50% of the amount with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court.

(ii) The applicants are further permitted to withdraw 25% of the amount with accrued interest thereon on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court.

(iii) Remaining 25% of the amount shall be deposited in fixed deposit account in any nationalized bank for a period of one year with clause of renewal. ( SHRIKANT D. KULKARNI, J.) vvr