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

2025:BHC-AUG:34321 33 CA 4646 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 33 CIVIL APPLICATION NO. 4646 OF 2025 IN FA/2852/2025 WITH CIVIL APPLICATION NO. 10701 OF 2021 IN FA/2852/2025 DEELIP NILKANTH HIRMUKHE

VERSUS

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

Advocate for Claimant : Mr. Vinayak Dahihande h/f Mr. Kale Ajeet B. AGP for State : Mrs. M.N. Ghanekar Advocate for Acquiring Body : Mrs. Sunita D. Shelke ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 08.12.2025 PER COURT :

The applicant seeks withdrawal of amount of Rs. 63,13,330/- deposited by the Acquiring Body.

2.

The withdrawal is solicited on the ground of parity, as in the similarly situated matters the coordinate bench permitted the claimants to receive 75% of the amount with accrued interest vide order dated 24.09.2025. I propose to adopt the same course.

3.

The Civil Application is partly allowed, permitting the applicant to receive 75% of the amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Balance amount shall be invested in any nationalized bank.

FIRST APPEAL :

4.

Admit. Learned counsel Mr. Dahihande h/f Mr. Kale, learned counsel 1/2

33 CA 4646 25.odt waives service for the claimant.

5.

Call for record and proceedings.

6.

Print is dispensed with.

APPLICATION FOR STAY 7.

As the entire amount is deposited by the Acquiring Body, ad interim relief granted earlier shall stand confirmed. 8.

The Civil Application is disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2