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Bombay High CourtCA/4947/2025admittedallowedgrantedrule absolute

Meenabai Himmat Patil v. The State Of Maharashtra Through The Collector, Jalgaon

2025-05-05Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2025:BHC-AUG:13520

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

8 CIVIL APPLICATION NO. 4947 OF 2025 IN FAST/32967/2021 Meenabai Himmat Patil

Versus

The State Of Maharashtra Through The Collector, Jalgaon .....

Shri. Ajeet B. Kale, Advocate for the Applicant Shri. R. B. Dhaware, AGP for Respondent Nos.1 & 2 / State. Shri. Rahul A. Tambe, Advocate for Respondent No.3 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : MAY 05, 2025 PER COURT :- .

This is the Application by the Orig. Claimant to withdraw 75% amount deposited by the Acquiring Body under the Award along with interest accrued thereon.

2.

The land of the Applicant / Orig. Claimant was acquired for construction of Minor Irrigation Tank at village Chitegaon, Tal. Chalisgaon, Dist. Jalgaon in the proceedings bearing LAQ/SRNo.208/03. 3.

It is submitted by the learned Advocate for the Applicant / Claimant that in connected Appeals arising out of the same acquisition proceedings, this Court permitted the Claimants therein to withdraw 75% amount on furnishing usual undertaking. He submits that similar order may be passed.

4.

Though the Application is opposed by the learned Advocate for the Acquiring Body, he does not dispute the aforesaid aspect that in

connected matters arising out of the same acquisition proceedings, this Court had permitted the Claimants therein to withdraw 75% amount on furnishing usual undertaking.

5.

The learned AGP submits that appropriate orders may be passed. 6.

On hearing both the sides and on going through the order dated 21.04.2025 passed in Civil Application No.4125 of 2025 in First appeal (St.) No.22522/2020 with connected Applications, the Applicant is permitted to withdraw 75% amount deposited by the Acquiring body along with the interest accrued thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Application stands disposed off accordingly.

( NEERAJ P. DHOTE, J. ) GGP