Arjun Maruti Raut v. The State Of Maharashtra Through The Collector Osmanabad And ORS

922CA6877.2023&Ors

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6877 OF 2023 IN FIRST APPEAL [ST] NO. 6573 OF 2020 Arjun Maruti Raut ... Applicant

Versus

The State of Maharashtra & Ors.

... Respondents ...

Mr. Abhijit S. More - Advocate for applicant Mrs. P. V. Diggikar - AGP for respondent/State Mr. U. P. Giri - Advocate for respondent no. 3 ....

CORAM : S. G. CHAPALGAONKAR, J.

DATE : 21st JUNE, 2023 PER COURT :

1.

This is an application for withdrawal of the amount deposited by the respondent / acquiring body. 2.

Mr. Abhijit S. More, learned advocate for the applicant and Mr Umakant P. Giri, learned counsel for acquiring body agreed to have similar order passed earlier by this court in Civil Application No. 8041/2020 in First Appeal No. 2392/2019 dated 9th June, 2021 and order passed in Civil Application No. 7118/2021 in First Appeal No. 2386/2019.

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922CA6877.2023&Ors 3.

Having regard to the submissions of learned counsel for both the sides, I proceed to pass the following order :-

ORDER

(i) The applicant is permitted to withdraw 50% of the amount deposited by the acquiring body in this court on furnishing usual undertaking.

(ii) The applicant is further permitted to withdraw 25% of the amount deposited in this court on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court. (iii) The Civil Application is accordingly disposed of. [ S. G. CHAPALGAONKAR ] JUDGE SG Punde 2/2