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Bombay High CourtCA/6082/2021admittedallowedgrantedrule absolute

M.K.V.D.C., Ltd., Thr Ex. Engineer, Sina Kolegaon Medium Project Div. Paranda v. Balasaheb Savatebuva Dange (Died) Thr Lrs Laxmibai And ORS

2025-09-29Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:27080 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 12 CIVIL APPLICATION NO. 10688 OF 2025 IN FAST/12299/2021 BALASAHEB SAVATEBUVA DANGE (DIED) THR LRS LAXMIBAI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD ......

Advocate for Applicants : Mr. Abhijit S. More AGP for Respondent Nos.1 and 2 - State : Mr. S. P. Joshi Advocate for Respondent No.3 : Mr.A.R. Lukhe h/f Mr.Avishkar Shelke ......

WITH CIVIL APPLICATION NO. 6082 OF 2021 IN FAST/12299/2021 MAHARASHTRA KRISHNA VALLEY DEVELOPMENT CORPORATION LIMITED, THROUGH EXECUTIVE ENGINEER

VERSUS

BALASAHEB SAVATEBUVA DANGE (DIED), THROUGH HIS LRS. LAXMIBAI BALASAHEB DANGE AND OTHERS ......

Advocate for Applicants : Mr.A.R. Lukhe h/f Mr.Avishkar Shelke AGP for Respondent - State : Mr. S. P. Joshi Advocate for Respondent Nos. 1 to 5 : Mr. Abhijit S. More ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 29 SEPTEMBER 2025 PER COURT :

CIVIL APPLICATION NO. 10688 OF 2025 1.

Instant application is filed for withdrawal of the amount deposited by the acquiring body - appellant in this court.

-22.

Learned counsel for the applicants has produced on record the order dated 01/09/2023 in Civil Application No.10851 of 2023 and other connected matters, wherein the applicants are permitted to withdraw entire 50% of deposited amount of compensation along with accrued interest thereon.

3.

In view of the same, the applicants are permitted to withdraw entire 50% deposited amount along with accrued interest thereon till date subject to filing of usual undertaking. 4.

Learned counsel for applicants further makes a prayer that in other matters some of the applicants are over 65 years of age and they are unable to come here for withdrawal of amount. He therefore seeks directions to transfer the said amount from this court to learned Reference Court. In view of submission made and there being no objection from the other side, 50% deposited amount along with accrued interest thereon is directed to be transferred to the Reference Court, where claimants shall take necessary steps.

5.

The civil application for withdrawal of amount stand disposed of accordingly.

-3CIVIL APPLICATION NO. 6082 OF 2021 6.

This is an application seeking stay to the effect and operation of the impugned Judgment and Award.

7.

The learned counsel for the applicant submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the stay order passed by this Court dated 14/07/2021, in the applications for stay, is confirmed. The application filed for stay stand disposed of.

(ABHAY S. WAGHWASE, J.) Tandale