Ramesh Ramrao Bhosale v. The State Of Maharashtra Through The Collector, Jalgaon
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
35 CIVIL APPLICATION NO.4075 OF 2025 IN FAST/15378/2020 Gabru Mansaram Pawar
Versus
The Collector, Through The Special Land Acquisition Officer, M.I.W., Jalgaon And Others .....
Shri. Ajeet B. Kale, Advocate for the Applicant Shri. D. J. Patil, AGP for the Respondent / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 .....
AND 37 CIVIL APPLICATION NO. 4081 OF 2025 IN FAST/15204/2020 Vimalbai Ramchandra Patil
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The State of Maharashtra, Through Collector, Jalgaon And Others .....
Shir. Ajeet B. Kale, Advocate for the Applicant Shri. Rajdeep D. Raut, AGP for Respondent Nos. 1 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.2 .....
AND 38 CIVIL APPLICATION NO. 4084 OF 2025 IN FAST/1869/2022 Raosaheb Trambak Patil S/m Bhausaheb Trambak Patil
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The State Of Maharashtra Through The Collector, Jalgaon .....
AND CIVIL APPLICATION NO. 4089 OF 2025 IN FAST/1903/2022 Ramesh Ramrao Bhosale
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The State Of Maharashtra Through The Collector, Jalgaon
.....
AND CIVIL APPLICATION NO. 4088 OF 2025 IN FAST/1899/2022 Popat Tryambak Patil
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The State Of Maharashtra Through The Collector, Jalgaon .....
AND CIVIL APPLICATION NO. 4086 OF 2025 IN FAST/1929/2022 Bhausaheb Trambak Patil
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The State Of Maharashtra Through The Collector, Jalgaon .....
AND CIVIL APPLICATION NO. 4087 OF 2025 IN FAST/1863/2022 Fakirrao Govindrao Bhosale (died) Thr Lrs Balasaheb And Ors
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The State Of Maharashtra Through The Collector, Jalgaon .....
AND CIVIL APPLICATION NO. 4085 OF 2025 IN FAST/1766/2022 Parshuram Dharma Patil
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The State Of Maharashtra, Through Collector, Jalgaon And Others .....
Shir. Ajeet B. Kale, Advocate for the Applicants Shri. D. J. Patil, AGP for Respondent Nos. 1 & 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 .....
CORAM : NEERAJ P. DHOTE, J.
Dated : APRIL 21, 2025 PER COURT :-
.
These are the Applications by the Original Claimants, who are the Respondents in the Appeals, for withdrawal of the entire 60% amount deposited by the Acquiring Body with this Court. 2.
It is submitted by the learned Advocate for the Applicants that Division Bench of this Court by order dated 04.04.2025 in Civil Application No.3827 of 2025 in First Appeal No.1189 of 2021 have permitted the Applicants therein to withdraw entire 60% amount deposited by the Acquiring Body in connected Appeals arising out of the same acquisition proceedings. He tenders across the bar copy of the said order, and the Chart showing the Application numbers in which the Acquiring Body has deposited 60% amount. He submits that similar order be passed in these Applications.
3.
The learned Advocate for the Acquiring Body does not dispute the aspect that the Division Bench in connected matters have permitted the Applicants therein to withdraw the amount of compensation deposited by the Acquiring Body along with accrued interest on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. He submits that appropriate orders be passed. 4.
The learned AGP submits that appropriate orders be passed.
5.
These are the Appeals by the Acquiring Body. The Acquiring Body has deposited 60% amount under the Award. When similarly placed Applicants / Claimants are permitted to withdraw the amount deposited by the Acquiring Body in the connected matters arising out of the same acquisition proceedings, I see no legal impediment in allowing these Applications in terms of the said order of the Division Bench. Hence, the following order.
ORDER
(i) The Applicants are permitted to withdraw 60% amount of compensation, which is deposited by the Acquiring Body with this Court, along with the accrued interest thereon, on furnishing usual undertaking to the satisfaction of Registrar (Judicial) of this Court. (ii) Applications stand disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 24/04/2025 09:42:37