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Bombay High CourtCA/3774/2025admittedallowedgrantedrule absolute

Sadeeq Mehboob Shaikh v. The State Of Maharashtra, Through Collector, Osmanabad And ORS

2025-04-04Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:10287 920-CA-3777-2025-Withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 3774 OF 2025 IN FA/2517/2019 Sadeeq Mehboob Shaikh ....Applicant

VERSUS

The State Of Maharashtra, Through Collector, Osmanabad And Ors .....Respondents .....

WITH CIVIL APPLICATION NO. 3775 OF 2025 IN FA/2515/2019 WITH CIVIL APPLICATION NO. 3776 OF 2025 IN FA/2516/2019 WITH CIVIL APPLICATION NO. 3777 OF 2025 IN FA/2518/2019 .....

Ms. Laxmi R. Thakur h/f Mr. Patil Laxmikant C., Advocate for Applicants in all Applications Mr. D. J. Patil, AGP for the Respondents - State .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

04.04.2025 PER COURT :

[I] Order in Civil Applications :- 1.

These are the Applications fled by the Claimants for withdrawal of the amount deposited by the Acquiring Body in this Court along with interest accrued thereon.

2.

It is submitted by the learned Advocate for the Applicant/s that, this Court, in Civil Application No.2608/2023 in First Appeal No.2126/2019 by order dated 01/03/2023, allowed the Claimants therein to withdraw 75% of the deposited amount by furnishing usual undertaking to the satisfaction of the Registrar [Judicial] of this Court.

920-CA-3777-2025-Withdrawal.odt 3.

The learned AGP does not dispute the aforesaid aspect. 4.

Since the similarly situated Claimants are permitted to withdraw 75% amount deposited by the Acquiring Body, the Applicants herein are allowed to withdraw 75% amount deposited by the Acquiring Body along with accrued interest in this Court. The said withdrawal is subject to furnishing usual undertaking by the Applicants to the satisfaction of the Registrar [Judicial] of this Court. The remaining amount be invested in FDR, in any Nationalized Bank, on yearly renewal basis till fnal disposal of the Appeal.

5.

Civil Applications are disposed off accordingly. [II] Order in First Appeal No.2518/2019 :- 6.

Leave granted to the State to amend the Appeal Memo to add the legal representatives of the Deceased - Claimants. Amendment be carried out within a period of one [1] week. [NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 07/04/2025 18:16:33