Nivruthi Balbhim Jagtap v. The State Of Maharashtra Through Collector, Osmanabad And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 943 CIVIL APPLICATION NO.8874 OF 2023 IN FAST/6946/2022 WITH CA/6881/2022 IN FAST/6946/2022 WITH CA/6882/2022 IN FAST/6946/2022 NIVRUTHI BALBHIM JAGTAP

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for Applicant : Mr.M.K.Jadhav h/f. Mr.A.S.More AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent no.3 : Mr.A.M.Gaikwad ...

CORAM :ARUN R. PEDNEKER, J.

DATE :20.10.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 1] The present Civil Application is filed for withdrawal of the amount.

The learned counsel for the applicant has produced the order dated 09.08.2023 passed in Civil Application No.5737 of 2023 in First Appeal No.2776 of 2021 along with connected matters wherein this Court has permitted to withdraw 75% of the entire compensation amount along with interest accrued thereon.

3] In view of the same, the present applicant is permitted to withdraw 75% of the amount of compensation, deposited in this Court, along with the interest accrued thereon till date, on usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Applications are disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR DELAY 1] The present Civil Application is filed to condone the delay of 1744 days in filing the Appeal.

For the reasons stated in the Civil Application, the same is allowed. Delay is condoned. Civil Application is disposed of accordingly.

C] ORDER IN CIVIL APPLICATION FOR STAY Since the applicant - Acquiring body has deposited entire award amount in this Court, the interim stay granted by this Court stands confirmed. Civil Applications are disposed of accordingly.

D] ORDER IN FIRST APPEAL 1] First Appeal is admitted.

On admission, Mr.A.S.More, learned counsel waives notice for respondent.

3] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC