Mangalabai Bhila Thakre (Died) Thr Lrs Premsing And ORS v. The State Of Maharashtra And Others
2025:BHC-AUG:13516
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD.
10 CIVIL APPLICATION NO. 4951 OF 2025 IN FAST/15709/2020 Trambak Sakharam Patil (dead) Thr Ramlal And Ors
VERSUS
The State Of Maharashtra And Others .....
AND CIVIL APPLICATION NO. 4950 OF 2025 IN FAST/15706/2020 Mangalabai Bhila Thakre (died) Thr Lrs Premsing And Ors
VERSUS
The State Of Maharashtra And Others .....
In both the matters :
Shri. Ajeet B. Kale, Advocate for the Applicants Shri. R. B. Dhaware, AGP for Respondent No.1 Smt. Vaishali D. Jadhav, Advocate for Respondent No.2 .....
CORAM : NEERAJ P. DHOTE, J.
Dated : MAY 05, 2025 PER COURT :- .
These are the Applications filed by the Applicants / Orig. Claimants for withdrawal of 75% amount deposited by the Acquiring Body along with the interest accrued thereon. 2.
The learned Advocate for the Applicants submits that in the connected Appeals arising out of the same acquisition proceedings i.e. in Civil Application No.4125 of 2025 in First Appeal (St.) No.22522 of 2020 with connected Applications, the Applicants / Claimants therein were permitted to withdraw 75% amount. He, therefore, submits that the Applications may be allowed.
3.
Though the Applications are opposed by the leaned Advocate for the Acquiring Body, she does not dispute the aforesaid aspect that in connected matters arising out of the same acquisition proceedings, this Court had permitted the Claimants therein to withdraw 75% amount. 4.
After hearing both the sides, there is no dispute that Acquiring Body has deposited 100% amount under the Award. As the similarly placed Claimants in the connected Appeals arising out the same acquisition proceedings were permitted to withdraw 75% amount, the Applicants herein are permitted to withdraw 75% amount along with the interest accrued thereon on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining 25% amount along with the interest accrued thereon be deposited in Fixed Deposit in any Nationalized Bank on yearly basis, which shall be renewed from time to time till disposal of the Appeal. The Applications stand disposed off accordingly.
( NEERAJ P. DHOTE, J. ) GGP