Krishnath Pandurang Potdar v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

1 968 ca 4335-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 968 CIVIL APPLICATION NO.4335 OF 2023 IN FA/1775/2019 WITH CA/4325/2023 IN FA/1789/2019 WITH CA/4320/2023 IN FA/1776/2019 KRISHNATH PANDURANG POTDAR

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR, OSMANABADAND ORS ...

Advocate for Applicants : Mr. A. B. Kale AGP for Respondent Nos.1 & 2: Mr. S. N. Kendre Advocate for Respondent No.3 : Mr. Jiwan R. Patil h/f Mr. G. P. Rajale ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 12/07/2023.

P. C. :

1.

Heard rival submissions.

2.

The respective applicants in all these applications are seeking modifcation of order dated 23/10/2020 passed earlier and also for withdrawing the balance amount of 25% which was kept in FDR. 3.

It appears that this court vide order dated 26/04/2022 in other connected matters, has already modifed the order dated 23/10/2020 by permitting the applicant therein to withdraw 25% amount of compensation on furnishing solvent security / surety instead of bank guarantee. However, it seems that at the relevant time the said applicant was not permitted to withdraw the balance 25% amount of compensation which was ordered to be invested in FDR. In view of the same, all these applicants are permitted to withdraw their 25% amounts of compensation by furnishing solvent security / surety to the satisfaction of Registrar (Judicial) of

2 968 ca 4335-23 this court instead of furnishing bank guarantee as directed in order dated 23/10/2020.

4.

The prayer for withdrawal of balance 25% amounts of compensation, which were kept in FDR under the said order, stands rejected. Applications are disposed of accordingly. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-