Janardhan Waman Gandhele v. The State Of Maharashtra Thr Its The Ex. Engg, Minor Irrigation Dept., Jalgaon And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 5208 OF 2020 IN FA/1697/2019 BHALCHANDRA GANPAT CHAVAN AND OTHERS CIVIL APPLICATION NO. 5209 OF 2020 IN FA/1696/2019 GOVINDA KASHIRAM PATIL CIVIL APPLICATION NO. 5211 OF 2020 IN FA/1700/2019 GOVINDA KASHIRAM PATIL CIVIL APPLICATION NO. 5215 OF 2020 IN FA/1704/2019 CHHAGAN DAMU SHINDE AND ANOTHER CIVIL APPLICATION NO. 5212 OF 2020 IN FA/1705/2019 KAMALBAI BHUWAN SHINDE CIVIL APPLICATION NO. 5210 OF 2020 IN FA/1706/2019 JANARDHAN WAMAN GANDHELE
CIVIL APPLICATION NO. 5214 OF 2020 IN FA/1707/2019 NATHU RAMKRISHNA PATIL (GEN.MU) AND ANOTHER CIVIL APPLICATION NO. 5213 OF 2020 IN FA/1709/2019 VASANT NARAYAN JAGTAP DIED THROUGH LRS ANJANABAI AND OTHERS CIVIL APPLICATION NO. 5225 OF 2020 IN FA/1710/2019 TAPIRAM GOBA PATIL (GEN.MU.) AND OTHERS CIVIL APPLICATION NO. 5229 OF 2020 IN FA/1711/2019 CHANDRAKANT PANDIT SHINDE AND OTHERS CIVIL APPLICATION NO. 5226 OF 2020 IN FA/1712/2019 RAMESH LAXMAN PAWAR CIVIL APPLICATION NO. 5228 OF 2020 IN FA/1713/2019 BHUWAN DAMU SHINDE CIVIL APPLICATION NO. 5224 OF 2020 IN FA/1715/2019 ATMARAM NATHU JAGTAP
CIVIL APPLICATION NO. 5227 OF 2020 IN FA/1716/2019 RATIRAM KASHIRAM PATIL CIVIL APPLICATION NO. 5218 OF 2020 IN FA/1718/2019 ANJANABAI RAMCHANDRA BAVASKAR (DIED) AND OTHERS In All the above matters - Advocate for Applicants-claimants : Mr. Vijay B. Patil AGP for Respondents - State and SLAO : Mr. R. B. Bagul Advocate for Respondent-Acquiring Body : Mrs. Chaitali R. Kutti Choudhary CORAM :
ANIL S. KILOR, J.
DATE : 1st APRIL, 2021 PER COURT :- Heard learned respective counsels appearing for the parties. 2.
Learned counsel appearing for the appellant-Acquiring Body informs in this court that some amount has been deposited in the Reference Court, in pursuant to the Judgment and Award passed by the Reference Court and some amount is deposited in this Court. However, no definite statement is made that how much amount is deposited out of the total amount.
3.
Learned counsel appearing for the applicant-claimants submits that as per the instructions received by him, 57% amount of the decreetal amount is deposited by the Acquiring Body in the High Court as well as in the Reference Court. Learned counsel for the applicant-claimants seeks permission to withdraw the amount
for the reasons stated in the applications. He submits that the applicants-claimants are in need of money and, therefore, request of the applicants be considered.
4.
In view of the fact that, part of the amount towards compensation is deposited in the Reference Court and part of the amount deposited in this Court, however, no definite statement is made as regards how much amount is deposited, I proceed to pass the following order - a) The civil applications are allowed.
(i) The applicants-claimants are permitted to withdraw 50% of the total decreetal amount deposited by Acquiring Body.
In case, the amount deposited by Acquiring Body in the Reference Court as well as in this Court is less than 50% of the complete / entire amount, the applicantclaimants are permitted to withdraw the same on furnishing undertaking to the effect that, if the Acquiring Body succeeds in the present matter and this Court directs the applicants-claimants to repay the amount back, they will deposit the amount so withdrawn within stipulated period.
However, in case, the deposited amount is more
than 50%, the applicants are permitted to withdraw 50% amount on furnishing undertaking to the effect that, if the Acquiring Body succeeds in the present matter and this Court directs the applicants-claimants to repay the amount back, they will deposit the amount so withdrawn within stipulated period.
5.
The civil applications are disposed of, accordingly. ( ANIL S. KILOR ) JUDGE mtk