Bhimrao Yesba Survase (Died) Thr Lrs. Laxmibai Bhimrao Survase And Another v. The State Of Maharashtra Through Collector, Osmanabad And Another

22-CA.4612-21 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4612 OF 2021 IN FA/2803/2017 BHIMRAO YESBA SURVASE (DIED), THROUGH LRS. LAXMIBAI BHIMRAO SURVASE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANOTHER ---- Mr.A.S.More, Advocate for applicants Mr.S.S.Dande, AGP for respondent no.1 Mr.J.R.Patil, Advocate h/f. Mr.G.B.Rajale, Advocate for respondent no.2 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 09, 2021 ORDER :- Heard.

2.

For the reasons given in the application, the same is allowed in terms of prayer clause (B).

[R.G. AVACHAT, J.] KBP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.4611 OF 2021 IN FA/2803/2017 BHIMRAO YESBA SURVASE (DIED), THROUGH LRS. LAXMIBAI BHIMRAO SURVASE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ANOTHER AND CIVIL APPLICATION NO.4619 OF 2021 IN FA/2789/2017 AND CIVIL APPLICATION NO.4615 OF 2021 IN FA/2801/2017 AND CIVIL APPLICATION NO.4617 OF 2021 IN FA/2802/2017 AND CIVIL APPLICATION NO.4610 OF 2021 IN FA/2792/2017 AND CIVIL APPLICATION NO.4609 OF 2021 IN FA/2791/2017 AND CIVIL APPLICATION NO.4613 OF 2021 IN FA/2790/2017 ---- Mr.A.S.More, Advocate for applicants Mr.S.S.Dande, AGP for respondent no.1 Mr.J.R.Patil, Advocate h/f. Mr.G.B.Rajale, Advocate for respondent no.2

CORAM : R.G. AVACHAT, J.

DATE : JULY 09, 2021 ORDER :- Heard.

2.

Learned counsel for respondent no.2 - acquiring body has reservations to allow the applications for withdrawal of amount deposited in this Court.

3.

Pursuant to the order dated 13.06.2017 passed by this Court (Coram:P.R.Bora, J.), the respondent-acquiring body has deposited 75% of the amount under the award. It is informed by learned counsel for the applicants that the acquiring body has deducted the amount towards interest component in view of the judgment of this Court in the case of State of Maharashtra Vs. Kailash Shiva Rangari, AIR 2016 BOMBAY 141. As such, the amount deposited in this Court comes to 65% of the amount under the award. 4.

In the aforesaid factual backdrop, the applicants are permitted to withdraw the entire amount deposited in this Court. Fifty percent thereof be paid to the applicants on

execution of an undertaking to the satisfaction of learned Registrar (Judicial) of this Court and remaining 50% amount be paid on furnishing solvent security to the satisfaction of the same authority.

5.

The applications stand disposed of accordingly. [R.G. AVACHAT, J.] KBP