Ashok Vankatrao Khandade v. The State Of Maharashtra Through The Collector, Latur And ANR

2024:BHC-AUG:4838-DB 928-CA-2655-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2655 OF 2024 IN FIRST APPEAL NO. 771 OF 2022 Ashok Vankatrao Khandade ..APPLICANT

VERSUS

State of Maharashtra and Another ..RESPONDENTS ....

Mr. G.K. Sontakke, Advocate for applicant Ms. U.S. Bhosale, A.G.P. for respondent no.1 - State Mr. Anand Chaware, Advocate for respondent no.2 ....

CORAM : R.G. AVACHAT AND NEERAJ P. DHOTE, JJ DATE : 07th MARCH, 2024 PER COURT :

1.

Heard learned counsel for the applicant, Respondent No.2 - acquiring body and learned A.G.P.

2.

This application is for withdrawal of remaining amount deposited by Respondent No.2 - acquiring body in this Court, which was awarded by the reference Court.

3.

Learned counsel for the applicant draws our attention to order dated 13th February, 2024 by which this Court has permitted the applicant 1 / 2

928-CA-2655-24.odt therein to withdraw 100% amount which was deposited by the acquiring body. It is not disputed that the said order is passed in the connected matter arising out of the same acquisition proceeding. Perusal of the said order shows that the said order was passed pursuant to the order passed by the Apex Court in S.L.P.(C) No. 010634 - 010638 / 2016. It is also not disputed that the present applicants have withdrawn Rs.20 lakhs out of Rs.44,58,066/-.

4.

In this view of the matter, we permit the applicant to withdraw remaining amount deposited in this Court on furnishing security to the satisfaction of Registrar (Judicial) of this Court alongwith accrued interest thereon. Civil application stands disposed of accordingly. ( NEERAJ P. DHOTE, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2