Babu Nagu Pawar Died Lrs Raghunath Baburao Pawar And Others v. The State Of Maharashtra And Others

1 Sr910CA5896.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

CIVIL APPLICATION NO. 5896 OF 2018 IN WRIT PETITION NO. 2134 OF 2017 Babu Nagu Pawar, Deceased through his LR's Raghunath S/o Baburao Pawar & Ors.

Petitioners...

Versus

The State of Maharashtra & Ors.

Respondents...

..........

Mr P. A. Bharat, Advocate for the petitioners Mr S. M. Ganachari, AGP for respondent/State .............

CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 8TH JUNE, 2018.

PER COURT:- 1.

This is an application seeking withdrawal of amount of Rs.53,41,207/- deposited by the Acquiring Body in this Court. The amount is deposited in pursuance to the directions issued by the Division Bench of this Court on 12.02.2018.

2.

It is informed by the counsel appearing for respondent No.4 that, the appeal is presented against the award passed by the reference court and the same is pending. It has been further pointed

2 Sr910CA5896.2018 out by the counsel for the applicants that the application seeking interim relief has been rejected by the appellate court. In this view of the matter, the applicant is permitted to withdraw the amount unconditionally, however, subject to outcome of the first appeal pending before this court. The applicant shall be permitted to withdraw the amount as claimed by him in the instant civil application.

3.

Civil Application is accordingly disposed of. [ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE Punde