Kakasaheb Sambhaji Bhore And ORS v. The Ex. Engineer, Minor Irrigation Div. Anand Nagar Osmanabad

2024:BHC-AUG:14049 CA 3389/24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 3389 OF 2024 IN FAST/3222/2021 KAKASAHEB SAMBHAJI BHORE AND ORS

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. ANAND NAGAR OSMANABAD ...

Advocate for Applicant : Mr. Patil Nileshsingh J. AGP for Respondents 2 & 3 : Mr. A.M. Phule Advocate for Respondent 1 : Mr. R.B. Deshpande ...

CORAM

: KISHORE C. SANT, J.

Dated : July 10, 2024 PER COURT :- 1.

Heard. This application is by the original claimants for withdrawal of amount deposited by the appellant in this Court. The learned advocate for the applicants has produced on record copy of the order dated 24.3.2023 passed by this Court in Civil Application No. 3938/2023 in First Appeal St. No. 3049/2021 and other connected matters, which are similar matters and arising out of the same acquisition proceedings, wherein applicants therein were permitted to withdraw 75% of the deposited compensation amount along with accrued interest on usual undertaking and remaining amount is directed to be invested in fixed deposit.

2.

For the reasons stated in the application and in view of the above order, this Court is inclined to allow the application. Hence, the order.

ORDER

(i) The application is partly allowed. The applicants are entitled to withdraw 75% of the amount deposited by the appellant in this Court along with accrued interest on furnishing usual undertaking to the satisfaction of

CA 3389/24 the Registrar Judicial of this Court.

(ii) Remaining amount be invested in fixed deposit in any nationalized bank till the disposal of the appeal.

The application is disposed of.

( KISHORE C. SANT, J. ) ssc/