Vishwanath Sadhu Phadtale v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.5913 OF 2020 IN FIRST APPEAL NO.3760 OF 2018 Sudhakar Ramchandra Phadtale Applicant

Versus

State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.5914 OF 2020 IN FIRST APPEAL NO.3761 OF 2018 Ramchandra Sadba Phadtale (dead) through L.Rs & others Applicants

Versus

State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.5915 OF 2020 IN FIRST APPEAL NO.3759 OF 2018 Shardabai Ram Dhudbhate Applicant

Versus

State of Maharashtra & others Respondents WITH CIVIL APPLICATION NO.5912 OF 2020 IN FIRST APPEAL NO.3763 OF 2018 Su8glabai Baburao Phadtale (died), through L.Rs & another Applicants

Versus

State of Maharashtra & others Respondents WITH

{2} CIVIL APPLICATION NO.5916 OF 2020 IN FIRST APPEAL NO.3762 OF 2018 Vishwanath Sadhu Phadtale Applicant

Versus

State of Maharashtra & others Respondents WITH Mr.L.C.Patil, advocate for applicants.

Mr.S.N.Morampalle, AGP for Respondents No.1 & 2. Mr.G.B.Rajale, advocate for Respondent No.3. CORAM : V.K.JADHAV, J.

DATE : 25th November, 2020.

PC :

1.

Heard both sides.

2.

It appears that the date of award is 31st December, 2015. The Civil Court has granted enhanced compensation @ Rs.2500/- per Are for jirayat land and @ Rs.5000/- per Are for Bagayat land.

3.

Thus, considering the same, the applicants-original claimants in these civil applications are permitted to withdraw the compensation amount partly with certain conditions. Hence, the following order:-

O R D E R

{3} I.

The civil applications are partly allowed.

II.

The applicants-original claimants are permitted to withdraw the compensation amount to the extent of 50% out of the amount deposited before this Court on furnishing an undertaking and further 25% of the amount out of the amount deposited before this Court on furnishing solvent security/surety to the satisfaction of Registrar (Judicial) of this Court. III.

Civil applications are accordingly disposed of. (V.K.JADHAV) JUDGE adb