Champabai Ganpatrao Todkari v. The State Of Maharashtra Through The Colletor, Osmanabad And Others

2025:BHC-AUG:11176

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

38 CIVIL APPLICATION NO. 4187 OF 2025 IN FA/3566/2019 Champabai Ganpatrao Todkari

VERSUS

The State of Maharashtra Through The Collector, Osmanabad And Others .....

Shri. Laxmikant C. Patil, Advocate for the Applicant Shri. Rajdeep D. Raut, AGP for Respondent No.1 Ms. Sunita D. Shelke h/f. Shri. Gulab B. Rajale, Advocate for Respondent No.2 .....

CORAM : NEERAJ P. DHOTE, J.

Dated : APRIL 15, 2025 PER COURT :- .

This is the subsequent Application by the Applicant / Orig. Claimant for withdrawal of remaining 25% amount deposited by the Acquiring Body with this Court.

2.

Heard the learned Advocate for the Applicant, the learned AGP for Respondent No.1 and learned Advocate for Respondent No.2. 3.

There is no dispute that the Acquiring Body deposited the entire 100% amount under the Award. There is also no dispute that compensation enhanced by the learned Reference Court is up to five (5) times the compensation granted by the Spl. Land Acquisition Officer. There is no dispute that, by order dated 05.12.2019 the Applicant was permitted to withdraw 75% of the amount deposited by the Acquiring

Body, out of which 50% by way of furnishing undertaking on usual terms and 25% by furnishing Solvent Surety. Now, for the remaining 25% amount the Applicant is ready to furnish Solvent Surety / Security. In this view of the matter, the Application is allowed in terms of prayer clause 'B', subject to the Applicant's furnishing the Solvent Security / Surety to the satisfaction of the Registrar (Judicial) of this Court. 4.

The Application stands disposed off accordingly. ( NEERAJ P. DHOTE, J. ) GGP Signed by: Gajanan G. Punde Designation: PA To Honourable Judge Date: 19/04/2025 09:19:31