Ex. Engineer, Minor Irrigation Div. Osmanabad v. Putalabai Apparao Dalimbe And ORS
{1}
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO.7607 OF 2023 IN FA/669/2022 WITH CA/3568/2022 IN FA/666/2022 WITH CA/3575/2022 IN FA/667/2022 WITH CA/3572/2022 IN FA/669/2022 WITH CA/3570/2022 IN FA/668/2022 WITH CA/7608/2023 IN FA/668/2022 ANANDRAO VYANKATRAO SURYAWANSHI
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS ...
Advocate for Applicants : Mr. Ramesh Vitthal Naiknavare AGP for Respondents: Mr. S.S. Dande.
Advocate for respondent No.3 Mr. S.G. Sangle. AND CIVIL APPLICATION NO.7656 OF 2023 IN FA/634/2022 WITH CA/3555/2022 IN FA/634/2022 WITH CA/3557/2022 IN FA/639/2022 WITH CA/3559/2022 IN FA/636/2022 WITH CA/3563/2022 IN FA/635/2022 WITH CA/3561/2022 IN FA/638/2022 WITH CA/7653/2023 IN FA/636/2022 WITH CA/7654/2023 IN FA/635/2022 WITH CA/7652/2023 IN FA/638/2022 GHANSHYAM MAHANTAPPA CHINCHOLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS ...
Advocate for Applicants : Mr. Ramesh Vitthal Naiknavare AGP for Respondents: Mr. S.S. Dande.
Advocate for respondent No.3 Mr. S.G. Sangle. AND 930 CIVIL APPLICATION NO.7660 OF 2023 IN FAST/14317/2022 WITH CA/10880/2022 IN FAST/14317/2022 WITH CA/10881/2022 IN FAST/14317/2022 WITH CA/10882/2022 IN FAST/14327/2022 WITH CA/10883/2022 IN FAST/14327/2022 WITH CA/10884/2022 IN FAST/14330/2022 WITH CA/10885/2022 IN FAST/ 14330/2022 WITH CA/10886/2022 IN FAST/14333/2022 WITH
{2} CA/10887/2022 IN FAST/14333/2022 WITH CA/7659/2023 IN FAST/14327/2022 ISHWAR RAMA KAMBLE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS Advocate for Applicants : Mr. Ramesh Vitthal Naiknavare AGP for Respondents: Mr. S.S. Dande.
Advocate for respondent No.3 Mr. S.G. Sangle. CORAM : S.G. CHAPALGAONKAR, J.
DATE : 23rd JUNE, 2023 ORDER :- IN CIVIL APPLLICATION FOR STAY Mr. Sangle., learned advocate for the appellant submits that the entire amount as per the award passed by the Tribunal has been deposited with the Registry of this Court. In that view of the matter, civil application is allowed in terms of prayer clause (B) and stand disposed of.
IN CIVIL APPLICATION FOR WITHDRAWAL Mr. Naiknaware learned advocate for the applicants submits that this Court, after considering the grounds of appeal and the reasoning adopted by the Reference Court permitted withdrawal of 75% of the amount in connected matters arising out of the same award of
{3} acquisition.
He placed reliance on the order dated 17.2.2023 passed in Civil Application No. 2048 of 2023 in FA No. 661 of 2023 with other connected matters.
Mr. Dande , AGP for the State and Mr. Sangle learned advocate for the Acquiring Body do not dispute this position. Considering the submissions advanced, the same course needs to be followed. Hence, the applications are allowed. The applicants are permitted to withdraw 75% of the amount deposited in this court alongwith interest accrued thereon, subject to conditions i.e. 50% on usual undertaking to be furnished with the Registrar (Judicial) of this Court and 25% by furnishing solve surety/security alongwith proportionate interest thereon. The balance amount be kept in Fixed Deposit in any Nationalized bank on yearly renewal basis till final dispose of this appeal.
Civil applications are disposed of.
[S.G. CHAPALGAONKAR] JUDGE grt/-