Patilba Gangaram Kharmale Died Thr. Lrs Baban Patilba Kharmale And ORS v. The State Of Maharashtra, Through The Secretary Revenue Dept. Mantralaya Mumbai

2024:BHC-AUG:6377 1 40,43&44

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 40 CIVIL APPLICATION NO. 2944 OF 2024 IN FA/873/2013 PATILBA GANGARAM KHARMALE DIED THR. LRS BABAN PATILBA KHARMALE AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE SECRETARY REVENUE DEPT. MANTRALAYA MUMBAI ...

Advocate for Applicants : Mr. Amol Karbhari Gawali AGP for Respondent/State: Mr. B. A. Shinde Advocate for Respondent No.2/Acquiring Body : Mr. G. B. Rajale ...

AND ...

43 CIVIL APPLICATION NO. 3013 OF 2024 IN FA/877/2013 ASHRUTH @ ASARAT BABAN BHUJBAL DIED, THROUGH LRS. HAUSABAI A. BHUJBAL DIED, THR. BABASAHEB AND ORS

VERSUS

THE STATE OF MAHARASHTRA, REVENUE DEPARTMENT, MANTRALAYA, MUMBAI.

...

Advocate for Applicants: Mr. Amol Karbhari Gawali AGP for Respondent/State: Mr. N. D. Raje Advocate for Respondent No.2/Acquiring Body : Mr. G. B. Rajale ...

WITH CIVIL APPLICATION NO. 3014 OF 2024 IN FA/877/2013 ...

AND ...

2 40,43&44 44 CIVIL APPLICATION NO. 3019 OF 2024 IN FA/883/2013 VITHAL NATHU KHARMALE DIED THR. LRS SMT. SHANTABAI V. KHARMALE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY, REVENUE DEPT. MANTRALAYA, MUMBAI ...

Advocate for Applicants : Mr. Amol Karbhari Gawali AGP for Respondent/State: Mr. K. B. Jadhavar Advocate for Respondent No.2/Acquiring Body : Mr. G. B. Rajale ...

AND CIVIL APPLICATION NO. 3020 OF 2024 IN FA/883/2013 ...

CORAM : ARUN R. PEDNEKER, J.

DATE : 18th MARCH, 2024 PER COURT:

1.

Civil Application Nos.3013 of 2024 and 3020 of 2024 for bringing the legal heirs on record are allowed and disposed of. The necessary amendment to be carried out within a period of two (02) weeks from today. The amounts to be disbursed thereafter. 2.

Civil Application Nos.2944 of 2024, 3014 of 2024 and 3019 of 2024 are filed for withdrawal of amount. The learned counsel for the applicants has placed on record order passed by this court dated

3 40,43&44 09.01.2024 in Civil Application No.234 of 2024 in First Appeal No.883 of 2013 and submits that same order would be applicable in the instant case also, as these appeals are connected, identical and arise out of the same acquisition.

3.

The learned counsel appearing for the respondent has not disputed the factual position.

4.

In view of the same, the order is also made applicable and the same is passed in the present civil applications also, which is quoted below:- "...

5. ... the applicants are permitted to withdraw 50% of the deposited amount along with accrued interest thereon till date subject to usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. The applications for withdrawal of amount stand disposed of."

5.

The civil applications for withdrawal of amount stand disposed of.

[ARUN R. PEDNEKER, J.] marathe