Motiram Sadashiv Salunke And ANR v. The State Of Maharashtra Through Collector, Osmanabad And ORS

2024:BHC-AUG:13100 (1) 905ca5572.24speaking THIS ORDER IS CORRECTED AND UPLOADED IN VIEW OF THE ORDER DATED 02-07-2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 5572 OF 2024 IN FA/2625/2021 WITH CIVIL APPLICATION NO. 5573 OF 2024 IN FA/2623/2021 JYOTI SADA SALUNKE ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND ORS .....Respondent Mr. L. C. Patil, Advocate for the applicant Mr. R. A. Tambe, Advocate for respondent No.3 Mr. V. M. Chate, AGP for respondent Nos. 1 and 2 CORAM :

KISHORE C. SANT, J.

DATE :

20th JUNE, 2024 P. C.

1.

Heard both the learned advocates for the parties. 2.

These applications are preferred for withdrawal of the amount deposited by the acquiring body-appellant.

(2) 905ca5572.24speaking 3.

Learned advocate for the applicant-claimants produced on record the copy of the order dated 04-12-2019 passed by this court wherein the applicants/claimants were permitted to withdraw 75% of the amount on furnishing usual undertaking and 25% by furnishing solvent security. The learned advocate for the applicants submits that in the said case the appellants had deposited 100% amount of compensation as per award. Herein, in the present case, only 75% amount of compensation is deposited.

4.

Considering the above position and earlier order order dated 04-12-2019 this court is inclined to allow the application. Hence, the applicants are permitted to withdraw entire amount deposited in this court on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this court.

5.

With this, applications stand disposed off.

[KISHORE C. SANT, J.] VishalK/905ca5572.24speaking