Wamanrao Ramrao Ranmale v. The State Of Maharashtra And ANR

1 24-CA-6543-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6543 OF 2018 IN FA/2883/2017 WAMANRAO RAMRAO RANMALE

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

WITH CA/6544/2018 IN FA/2884/2017 SUBHASH RAMCHANDRA KADAM SINCE DEAD THROUGH LRS ANUSYABAI LRS ANIL AND ANR.

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Advocate for Applicants : Mr. P. S. Chavan.

AGP for Respondents : Mr. S. P. Deshmukh.

...

CORAM : A.M. DHAVALE, J.

DATED : 30th JULY, 2018.

Order :- 1.

Heard learned Advocate for applicants and learned AGP for respondents.

2.

The LAO has assessed the compensation on the basis of land revenue, which was not correct. The learned Reference Court has assessed the land revenue by showing price at Rs. 25,000/- for 5 R, but wrongly assumed that it amounts to rate of Rs. 2,50,000/- instead of Rs. 2,00,000/- per acre. It was a sale instance of one year earlier.

3. Considering the above facts, the application for withdrawal of amount is partly allowed. The applicants are permitted to withdraw the amount deposited to the extent of 50% on furnishing personal undertaking and 25% on furnishing solvent surety to the satisfaction of Registrar (Judicial) and remaining 25% amount shall be deposited in Nationalized Bank.

4.

The civil applications stand disposed of.

[ A.M. DHAVALE ] JUDGE MTK.