Prabhakar Khanda Lavale v. The State Of Maharashtra Thr The Collector, Osmanabad And ANR

(1) 947 CA-4999.2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 947 CIVIL APPLICATION NO.4999 OF 2023 IN FA/2582/2017 PRABHAKAR KHANDA LAVALE

VERSUS

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

Mr. V.V. Ingle, Advocate for the applicant.

Mr. B.V. Virdhe, A.G.P. for respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

13th April 2023.

ORDER:- In view of the letter dated 28.02.2023 issued by the applicant to his earlier Advocate Shri Pokharkar, the appearance of Advocate Shri Pokharkar on his behalf stands cancelled.

2.

Heard rival submissions.

3.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the respondent State Acquiring Body alongwith the interest accrued thereon. 4.

This Court, vide orders dated 23.06.2017 and 20.01.2023 in other connected matters, has granted withdrawal of 75% of the entire compensation alongwith the interest to the applicants therein. As such, the applicant herein is permitted

(2) 947 CA-4999.2023.odt to withdraw 75% of the deposited amount of compensation alongwith the proportionate interest accrued thereon till date i.e. 50 % on usual undertaking and 25% on solvent surety / security to the satisfaction of the Registrar (Judicial) of this court.

5.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal.

6.

The civil application is accordingly disposed of. (SANDIPKUMAR C. MORE, J.) vd_dhirde