Suryakant Maruti Patil And ANR v. The State Of Maharashtra The Collector, Osmanabad And ORS
2025:BHC-AUG:9695 932-CA-3456-25.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 932 CIVIL APPLICATION NO. 3456 OF 2025 IN FA/1681/2021 KUBER BABRUWAHAN KADAM
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND ORS AND CIVIL APPLICATION NO. 3457 OF 2025 IN FA/1690/2021 SAMIR PANDURANG PATIL
VERSUS
THE STATE OF MAHARASHTRA THR. COLLECTOR OSMANABAD AND ORS AND CIVIL APPLICATION NO. 3459 OF 2025 IN FA/1689/2021 SURYAKANT MARUTI PATIL AND ANR
VERSUS
THE STATE OF MAHARASHTRA THE COLLECTOR, OSMANABAD AND ORS ....
Mr. Laxmikant C. Patil, Advocate for the Applicants Mr. R. D. Raut, AGP for Respondent Nos.1 & 2-State Mr. Umesh Mitkari h/for Mr. Mukul S. Kulkarni, Advocate for Respondent No.3 ....
CORAM : NEERAJ P. DHOTE, J.
DATE : 28.03.2025 PER COURT :- 1.
These Applications are preferred for withdrawal of amount deposited by the Respondent No.3-Acquiring Body in this Court.
(( 2 )) 932-CA-3456-25 2.
It is submitted by the learned Advocate for the Applicants/Claimants that in connected matters arising out of the same acquisition proceeding, this Court proceeded with C.A. No. 5572 of 2024 in First Appeal No. 2625 of 2021, along with C.A. No. 5573 of 2024 in First Appeal No. 2623 of 2021, by order dated 20th June 2024, permitting similarly situated claimants to withdraw the entire amount deposited by the Acquiring Body. He submits that the application be allowed 3.
The learned AGP appears for Respondent Nos. 1 & 2. The Learned Advocate Mr. Mitkari appears for Respondent No.3-Acquiring Body and he does not dispute the aforesaid aspect. 4.
The Applicants are the Claimants. The Appeals are filed by the Acquiring Body against the compensation enhanced by the learned Reference Court.
5.
The Respondent No.3-Acquiring Body has deposited 75% of the amount awarded by the Reference Court, pursuant to the order dated 25th August, 2021.
6.
On hearing both sides, and in view of the above-referred order, by which similarly situated claimants have been permitted to withdraw the entire amount deposited by the Acquiring Body, the Applications are allowed in terms of Prayer Clause 'B', subject to furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court.
7.
Civil Applications are disposed off accordingly. [ NEERAJ P. DHOTE, J.] HRJadhav