Anusaya Prabhakar Suryawanshi Died Through Lrs Manoj Prabhakar Suryawanshi And ORS v. The State Of Maharashtra Through The Collector Osmanabad And ORS

2025:BHC-AUG:27602 1 928-CA 7922-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7922 OF 2025 IN FA/3445/2023 Anusaya Prabhakar Suryawanshi (Died) Through L.Rs. Manoj Prabhakar Suryawanshi And Others .. Applicants

Versus

The State Of Maharashtra Through The Collector, Osmanabad And Others .. Respondents Mr. P. B. Rakhunde, Advocate for the Applicants. Smt. Chaitali Choudhari-Kutti, AGP for Respondent Nos. 1 and 2. Mr. Ram B. Deshpande, Advocate for Respondent No. 3. WITH CIVIL APPLICATION NO. 3590 OF 2023 IN FA/3445/2023 The Executive Engineer, Minor Irrigation Division, Osmanabad .. Applicant

Versus

Anusaya Prabhakar Suryawanshi (Died) Through L.Rs. Manoj Prabhakar Suryawanshi And Others .. Respondents Mr. Ram B. Deshpande, Advocate for the Applicants. P. B. Rakhunde, Advocate for Respondent Nos. 1-A to 1-C Smt. Chaitali Choudhari-Kutti, AGP for Respondent Nos. 2 and 3. CORAM : KISHORE C. SANT, J.

DATE : 01st OCTOBER, 2025.

2 928-CA 7922-2025.odt PER COURT :- CIVIL APPLICATION NO. 7922 OF 2025 :

1.

Heard learned advocate for the applicants, learned advocate for respondent and learned A.G.P. for the State. 2.

This application is for withdrawal of the amount of compensation deposited by the acquiring body - appellant in the office of this Court.

3.

Since in similar matter this Court has already allowed the application by allowing the applicants to withdraw certain percent of the amount this Court is inclined to allow the application. The amount is only Rs. 3,37,717/-. Hence, the following order :

ORDER

(i) The civil application stands partly allowed.

(ii) The applicants are allowed to withdraw 75% of the amount on filing usual undertaking in the office of this Court. 25% of the amount is allowed to be withdrawn by giving surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (iii) With this, the civil application stands disposed of.

3 928-CA 7922-2025.odt CIVIL APPLICATION NO. 3590 OF 2023 :

1.

Since the applicant has already deposited the entire amount of award along with interest, the civil application stands allowed in terms of prayer clause (B).

2.

The civil application stands disposed of.

( KISHORE C. SANT, J. ) P.S.B.