Sambhaji Kashinath Kolekar And Others v. The State Of Maharashtra Thr. The Collector Osmanabad And ANR

2024:BHC-AUG:9681 ..1..

934-ca-4600-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 934 CIVIL APPLICATION NO. 4600 OF 2024 IN FA/938/2016 SAMBHAJI KASHINATH KOLEKAR AND OTHERS

VERSUS

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

Advocate for Applicants : 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 in L.A.R. No. 464/2000.

3.

Since the learned Reference Court granted compensation for acquisition of land of applicants and the acquiring body deposited the same and as such the applicants having no source of income as their

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934-ca-4600-24 entire land 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 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 off.

(Y. G. KHOBRAGADE, J.) shp