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Bombay High CourtCA/5380/2023admittedallowedgrantedrule absolute

Subhash Govindrao Patil And ORS v. The State Of Maharashtra Through Collector, Osmanabad And Others

2024-01-12Hon'Ble Shri Justice S. G. Mehare2 pages

2024:BHC-AUG:603 60-ca-5379-2023.odt (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5379 OF 2023 IN FAST/24011/2021 WITH CIVIL APPLICATION NO. 5380 OF 2023 IN FAST/23964/2021 Pratap Raosaheb Ingle (Patil) And Anr

VERSUS

The State Of Maharashtra Through Collector, Osmanabad And Others ...

Advocate for Applicant : Mr. Pawar Balasaheb K. AGP for Respondent/State : Mrs. M.L. Sangit Advocate for Respondent No.2 : Mr. S.G. Karlekar ...

CORAM : S.G. MEHARE, J.

DATED : JANUARY 12, 2024 PER COURT:- 1.

Heard learned counsel for the applicants and learned counsel for the respondent.

2.

Both these applications are for withdrawal of amount of the award passed by the Special Land Acquisition Officer. The appellant has deposited 50% of the total amount of award. Various grounds have been raised in the appeal. However, considering the prima facie entitlement of the applicants, both these applications are allowed. The applicants in both applications are allowed to withdraw 75% of the amount deposited in the Court on the undertaking that they will share the amount equally and deposit the amount with prevailing bank rate interest if the judgment is reversed.

60-ca-5379-2023.odt (2) 3.

List the matter in due course.

(S.G. MEHARE, J.) Mujaheed//