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Bombay High CourtCA/10331/2022admittedallowedgrantedrule absolute

Balaji Sitaram Hole v. The State Of Maharashtra Thr Collector, Latur And ORS

2022-09-14Hon'Ble Shri Justice S. G. Dige2 pages

{1} 933-CA-10200-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10200 OF 2022 IN FIRST APPEAL NO. 134 OF 2020 WITH CA/10202/2022 IN FA/137/2020 WITH CA/10331/2022 IN FA/133/2020 WITH CA/10333/2022 IN FA/131/2020 WITH CA/10334/2022 IN FA/130/2020 BASWARAJ SANGAPPA BELAPURE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THR THE COLLECTOR LATUR AND OTHERS ...

Advocate for Applicants : Mr. G.K. Sontakke AGP for Respondent Nos.1 and 2 : Ms. D.S. Jape ....

CORAM : S.G. DIGE, J.

DATE : 14th September, 2022 ORDER :

.

Heard learned Counsel for applicants and learned Counsel for acquiring body.

2.

Learned Counsel for applicants submits that, this Court (Coram : V.L. Achaliya, J.) has permitted the applicants to withdraw 40% amount out of deposited amount. The said order was challenge before the Hon'ble Pooja K.

{2} 933-CA-10200-2022 Apex Court. The Hon'ble Apex Court has directed to consider the applications for withdrawal of 60% amount. Hence, requested to allow the applications.

3.

Learned Counsel for acquiring body submits that, solvent surety / security be taken while permitting the applicants for withdrawing the amount.

4.

I have heard both the learned Counsel. Considering the submissions of both the learned Counsel as well as order passed by the Hon'ble Apex Court, I pass the following order :-

ORDER

(a) Applications are allowed.

(b) Applicants are permitted to withdraw remaining 60% amount along-with accrued interest thereon on furnishing solvent surety / security. (c) The Civil Applications are disposed of.

[S.G. DIGE, J.] Pooja K.