Sudarshan Ashokrao Ingale v. The State Of Maharashtra Through The Collector, Osmanabad And Others

1 914-CA-4541-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO.4541 OF 2022 IN FA/1359/2020 SUDARSHAN ASHOKRAO INGALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicant : Mr L.C. Patil AGP for Respondent/State : Mr S.P. Deshmukh CORAM : SHRIKANT D. KULKARNI, J.

DATE : 30th March, 2022 PER COURT :

1.

It is an application for withdrawal of amount by the applicant/original claimant.

2.

Heard Mr Patil, learned counsel for the applicant/original claimant and Mr S.P. Deshmukh, learned AGP for the State.

3.

Mr Patil, learned counsel for the applicant/original claimant seeks leave to place 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. Leave granted.

4.

The copy of order dated 17th February, 2022 is taken on record and marked as 'X' for identification.

5.

Mr Patil, learned counsel seeks similar relief of withdrawal of 75% amount of compensation.

2 914-CA-4541-2022 6.

Mr S.P. Deshmukh, learned AGP for the State fairly concedes this position.

7.

By taking the same recourse, I proceed to pass the following order :-

ORDER

(A) The civil application for withdrawal of amount of compensation moved by the claimant is allowed as under :- (i) The applicant/original claimant is 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.

(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 application is accordingly disposed of. ( SHRIKANT D. KULKARNI, J.) mta