Vitthal S/O Bhimrao @ Shivram Jawalge (Died) Thr Lrs Dhondabai And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

912 ca.3370.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

912 CIVIL APPLICATION NO.3370 OF 2022 IN FA/3863/2019 VITTHAL S/O BHIMRAO @ SHIVRAM JAWALGE (DIED) THROUGH LRS DHONDABAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Laxmikant C. Patil. AGP for Respondent/State: Mr. P. M. Kulkarni. Advocate for Respondent No.3 : Mr. Vinod Patil. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

20th April, 2022.

P.C.:

.

It is an application for withdrawal of compensation amount moved by the applicants/claimants.

Heard Mr. Laxmikant C. Patil, learned counsel for the applicants, Mr. P. M. Kulkarni, learned AGP for respondent Nos.1 and 2 and Mr.Vinod Patil, learned counsel for respondent No.3/acquiring body. The learned counsel for applicants/claimants seeks leave to place on record copy of order passed by this Court in Civil Application No.9457 of 2019 with connected matters. The same is taken on record and marked as 'X' for identification.

912 ca.3370.22.odt The learned counsel for applicants/claimants submits that this matter is arising out of same group and seeks similar relief. Having regard to the submissions of the learned counsel for respective sides and the learned AGP for the State, by taking the same view, I proceed to pass the following order:

O R D E R

I.

The application is hereby allowed as under:

II.

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

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

IV.

Remaining 25% of the compensation amount with accrued interest thereon shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause.

V.

The application is accordingly disposed of.

[ SHRIKANT D. KULKARNI, J. ] nga