Vilas Sadashiv Kandalkar v. The State Of Maharashtra Thr. Collector Osmanabad And ORS

2025:BHC-AUG:10291 919-CA-3706-2025-Withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 919 CIVIL APPLICATION NO. 3706 OF 2025 IN FAST/24160/2020 Vilas Sadashiv Kandalkar ....Applicant

VERSUS

The State Of Maharashtra Thr. Collector Osmanabad And Ors.

.....Respondents .....

AND CIVIL APPLICATION NO. 3708 OF 2025 IN FAST/24166/2020 Suleman Mahaboob Fakir And Anr .....Applicants

VERSUS

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

AND CIVIL APPLICATION NO. 3709 OF 2025 IN FAST/23640/2020 Bhanudas Sakharam Kandalkar (died) Thr. Lrs Kishor Bhanudas Khandalkar And Ors .....Applicants

VERSUS

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

Ms. Laxmi R. Thakur h/f Mr. Patil Laxmikant C., Advocate for Applicants / Claimants in all Applications Mr. R. B. Dhaware, AGP for Respondent Nos.1 and 2 in all Applications Mr. Rahul A. Tambe, Advocate for Respondent No.3 in all Applications .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

04.04.2025

919-CA-3706-2025-Withdrawal.odt PER COURT :

1.

These are the Applications fled by the Original Claimants / Respondents in the Appeals for withdrawal of the amount deposited by the Acquiring Body in this Court along with interest accrued thereon. The Appeals are fled by Acquiring Body in respect of lands acquired for Kumbhari Storage Tank in File No. 2002/LQ/CR-13.

2.

It is submitted by the learned Advocate for the Applicants that, this Court, in similar matters, has permitted the Applicants therein to withdraw the entire amount, out of which, 75% on furnishing usual undertaking and remaining amount is directed to be deposited in the Nationalized Bank. She tenders across the bar a copy of the order dated 24/10/2024 passed in Civil Application No.8226/2024.

3.

The aforesaid aspect is not disputed by the learned Advocate for the Respondents - Acquiring Body.

4.

In view of the above, the Applications are allowed in terms of the said order dated 24/10/2024, passed in Civil Application No.8226/2024. Applications are disposed off accordingly. 5.

The learned Advocate for the Acquiring Body submits that, the Acquiring Body has deposited the entire amount under the Award in this Court. Since the said aspect is not disputed, the interim order i.e. stay to the effect and operation of the impugned Award, shall continue during the pendency of the Appeals. Since delay has been condoned in the Appeals, which is not in dispute, the offce shall register the same.

[NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 07/04/2025 18:23:30