Dattatraya @ Dattu Bhimsu Ittalkar @ Vithalkar v. The State Of Maharashtra Through The Collector, Osmanabad And Others
1 916-CA-4714-2022 & 5 Ors.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 916 CIVIL APPLICATION NO.4714 OF 2022 IN FAST/11840/2019 NAGNATH SHANKAR JAGTAP AND ORS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Advocate for Applicants : Mr L.C. Patil AGP for Respondent: Mr S.P. Deshmukh WITH 916 CIVIL APPLICATION NO.4715 OF 2022 IN FAST/12257/2019 KASTURBAI LIMBAJI CHAVAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Advocate for Applicant : Mr L.C. Patil AGP for Respondent: Mr S.P. Deshmukh WITH 916 CIVIL APPLICATION NO.4716 OF 2022 IN FAST/12261/2019 RAJENDRA BHAGWAN JAGTAP
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Advocate for Applicant : Mr L.C. Patil AGP for Respondent: Mr S.P. Deshmukh WITH 916 CIVIL APPLICATION NO.4718 OF 2022 IN FAST/12245/2019
2 916-CA-4714-2022 & 5 Ors. DATTATRAYA @ DATTU BHIMSU ITTALKAR @ VITHALKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Advocate for Applicant : Mr L.C. Patil AGP for Respondent: Mr S.P. Deshmukh WITH 916 CIVIL APPLICATION NO.4717 OF 2022 IN FAST/12228/2019 SURESH RAM SURVASE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Advocate for Applicants : Mr L.C. Patil AGP for Respondent: Mr S.P. Deshmukh WITH 916 CIVIL APPLICATION NO.4719 OF 2022 IN FAST/12242/2019 DILIP BHIMSU ITTALKAR @ VITHALKAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Advocate for Applicants : Mr L.C. Patil AGP for Respondent: Mr S.P. Deshmukh CORAM : SHRIKANT D. KULKARNI, J.
DATE : 30th March, 2022
3 916-CA-4714-2022 & 5 Ors. PER COURT :
1.
These are the applications for withdrawal of amount by the applicants/original claimants.
2.
Heard Mr Patil, learned counsel for the applicants/original claimants and Mr S.P. Deshmukh, learned AGP for the State. 3.
Mr Patil, learned counsel for the applicants/original claimants has placed on record copy of order dated 17th February, 2022 passed by this Court in Civil Application No. 1927/2022 in First Appeal No. 1357/2020 with connected matters in Civil application No. 4541/2022.
4.
Mr Patil, learned counsel seeks similar relief of withdrawal of 75% amount of compensation.
5.
Mr S.P. Deshmukh, learned AGP for the State fairly concedes this position.
6.
By taking the same recourse, I proceed to pass the following order :-
ORDER
(A) The civil applications for withdrawal of amount of compensation moved by the claimants are allowed as under :- (i) The applicants/original claimants are hereby permitted to withdraw 50% of amount of compensation on furnishing usual undertaking to the Registrar (Judicial) of this Court and 25% amount on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
4 916-CA-4714-2022 & 5 Ors. (ii) Remaining 25% amount of compensation shall be invested in Fixed Deposit Account in any nationalized bank for a period of two years with a clause of renewal.
(iii) The civil applications are accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta