Babruwan Narayan Hagare And ANR v. The State Of Maharashtra Through District Collector, Osmanabad And ORS

2025:BHC-AUG:13426 958-CA-4070-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 958 CIVIL APPLICATION NO. 4070 OF 2025 IN FA/755/2025 BABRUWAN NARAYAN HAGARE AND ANR

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, OSMANABAD AND ORS ....

Mr. L. C. Patil, Advocate for the Applicants Mr. V. S. Badakh, AGP for Respondents-State Mr. S. G. Bhalerao, Advocate for Respondent No.3 CORAM : S. G. CHAPALGAONKAR, J.

DATE : 02.05.2025 PER COURT :- 1.

Learned Advocate for the applicants relies on the order dated 10.10.2024 passed in Civil Application No.7954 of 2024 in First Appeal No.1210 of 2020, so also, in Civil Application No.12298 of 2023 in First Appeal No. 37 of 2016, order dated 13.10.2023 and order dated 16.09.2016 passed in Civil Application No.12539 of 2016 in First Appeal No.267 of 2016 arising out of same acquisition and submits that same course may be followed. Mr. Bhalerao accepts that order relied by Mr. Patil pertains to same acquisition. In view of the same, following order is passed :

::ORDER::

(i) The Civil Application stands allowed and disposed of.

(( 2 )) 958-CA-4070-25 (ii) The Applicants are permitted to withdraw 50% of the amount deposited in this Court alongwith accrued interest on furnishing usual undertaking.

(iii) Remaining 50% amount alongwith accrued interest deposited is permitted to withdraw on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. [ S. G. CHAPALGAONKAR, J. ] HRJadhav