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Bombay High CourtCA/4644/2025admittedallowedgrantedrule absolute

Kailas Nilkanth Hirmukhe v. The State Of Maharashtra Through The Collector, Osmanabad

2025-09-11Hon'Ble Shri Justice Abhay S. Waghwase2 pages

{1} CA 4642 OF 2025 +

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO. 4642 OF 2025 IN FAST/23467/2021 BABU CHANNAPPA HIRMUKHE

VERSUS

THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR, OSMANABAD AND OTHERS ...

WITH CIVIL APPLICATION NO. 4644 OF 2025 IN FAST/23556/2021 KAILAS NILKANTH HIRMUKHE

VERSUS

THE STATE OF MAHARASHTRA, THROUGH DISTRICT COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Kale Ajeet B.

AGP for Respondent nos.1 & 2 : Mr.S.P. Joshi Advocate for Respondent no.3 : Ms. Sunita D. Shelke ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 11 SEPTEMBER, 2025 PER COURT :- 1.

Present applications are for withdrawal of the amount deposited by respondent no.3/Acquiring Body.

2.

Heard learned counsel for both the sides and perused the contents of the applications. Considering the reasons stated in the

{2} CA 4642 OF 2025 + applications, applications are allowed. The applicants are permitted to withdraw 75% of the amount deposited by the acquiring body, with accrued interest thereon, on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The balance amount of 25%, out of the amount deposited by the acquiring body, shall be invested in a fixed deposit in any Nationalized Bank, initially for a period of three years. The fixed deposit shall be renewed thereafter, until disposal of the appeal.

3.

Applications are disposed of accordingly.

( ABHAY S. WAGHWASE ) JUDGE SPT