Namdeo Balram Gomare v. The State Of Maharashtra, Through The Collector, Latur And Others

2023:BHC-AUG:24272-DB 180-CA-13964-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13964 OF 2021 IN CIVIL APPLICATION NO. 7901 OF 2020 IN FIRST APPEAL NO. 3714 OF 2019 Govind Nivrutti Mashal ..APPLICANT

VERSUS

State of Maharashtra and Others ..RESPONDENTS WITH CA/9058/2022 IN FA/3718/2019 WITH CA/13883/2021 IN FA/3716/2019 WITH CA/7929/2021 IN FA/3717/2019 WITH CA/11891/2021 IN FA/3721/2019 WITH CA/7930/2021 IN FA/3719/2019 WITH CA/7928/2021 IN FA/3720/2019 WITH CA/13584/2021 IN FA/3722/2019 ....

Mr. S.S. Panale, Advocate for applicants Mr. V.G. Kodale, Advocate for applicant in CA/9058/2022 Mr. M.M. Neralikar, A.G.P. for respondent no.1 - State ....

CORAM : R.G. AVACHAT AND SANJAY A. DESHMUKH, JJ DATE : 06th NOVEMBER, 2023 PER COURT :

1.

Heard.

2.

The applicants have already been permitted to withdraw 50% of the amount deposited with this Court towards compensation in respect of the land acquired. Now, these applicants came for withdrawal of 50% of the remaining amount (25% of the entire amount deposited) relying on order 1 / 2

180-CA-13964-21.odt passed in Civil Application No. 1873 of 2014 in First Appeal No. 1873 of 2014. Under the said order, the applicants therein have been permitted to withdraw 75% of the amount. That appeal was arising out of one and the same acquisition proceeding. Present applicants claimed to have been similarly placed.

3.

In view of above, in spite of there being strong objection by learned A.G.P., we allow the applicants to withdraw 50% of the amount in deposit (25% of the total amount deposited) on furnishing bank guaranty of any of the scheduled or co-operative bank in the nature of continuing bank guaranty. Civil applications stand disposed of accordingly. ( SANJAY A. DESHMUKH, J. ) ( R.G. AVACHAT, J. ) SSD 2 / 2