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Bombay High CourtCA/4589/2024admittedallowedgrantedrule absolute

Laxman Anna Mahanawar Died His Lrs Ambadas Laman Mahanawar And Another v. The State Of Maharashtra Thr. The Collector Osmanabad And ANR

2024-05-03Hon'Ble Shri Justice Y. G. Khobragade2 pages

2024:BHC-AUG:9626

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 4589 OF 2024 IN FA/940/2016 LAXMAN ANNA MAHANAWAR DIED HIS LRS AMBADAS LAMAN MAHANAWAR AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THR. THE COLLECTOR OSMANABAD AND ANOTHER ...

Advocate for Applicant : Mr. Kishor R. Doke AGP for Respondents - State : Mr. S. V. Hange ...

CORAM

: Y. G. KHOBRAGADE, J.

DATE : 03.05.2024 PER COURT :

1.

Heard the learned counsel appearing for the applicant and Mr. Hange, learned AGP for acquiring body.

2.

By the present application, the applicants / claimants prayed for permission to withdraw the compensation amount deposited by the respondent in lieu of acquisition of land as per Judgment and Award dated 04.10.2013.

3.

Since the acquisition of land the applicant had got very meager amount which has been deposited by the acquiring body and applicants are not having any independent source of income as their whole land is

acquired, therefore, it would be just and proper to permit the present applicants to withdraw the compensation amount of 50% of their share on furnishing undertaking and 25% on furnishing solvent surety out of the amount deposited by the acquiring body to the satisfaction of the learned Registrar (Judicial) of this Court.

4.

The learned Registrar (Judicial) to disburse the amount accordingly.

5.

The Civil Application is disposed of.

(Y. G. KHOBRAGADE, J.) shp