Usman Iman Mulla (Died) Thr Lrs. Jalil Usman Mulla And Others v. The State Of Maharashtra Through Collector, Osmanabad And Another

923-ca-3320-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.3320 OF 2022 IN FA/331/2015 USMAN IMAM MULLA (DIED) THROUGH HIS LRS.

JALIL USMAN MULLA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABADAND ANOTHER ....

Mr. M.L. Dharashive, Advocate for the Applicant Mr. P.M. Kulkarni, AGP for Respondents / State ....

CORAM : SHRIKANT D. KULKARNI, J.

DATE : 15th MARCH, 2022 PER COURT:- 1.

It is a second application for withdrawal of compensation amount moved by the applicant.

2.

Heard Mr. M.L. Dharashive, learned counsel for the applicant and Mr. Kulkarni, learned AGP for respondents/ State. 3.

Mr. Kulkarni, learned AGP invited my attention to the order passed earlier by this Court dated 05.10.2017. He submits that there is no change in circumstances to consider the second application for withdrawal of compensation amount. The applicant has already withdrawn 50% of the amount of compensation together with proportionate interest.

923-ca-3320-22 4.

Mr. Dharashive, learned counsel for the applicant submits that the applicant is in need of money and urged to allow the application.

5.

I have considered the submissions of both the sides. Perused the order passed by this Court dated 05.10.2017, whereby the applicant is allowed to withdraw 50% of the amount of compensation together with proportionate interest. No material is placed on record to consider his prayer for withdrawal of the remaining amount.

6.

In view of the above, the application is rejected. [ SHRIKANT D. KULKARNI ] JUDGE S.P. Rane