Gurubaskhsingh Harnamsingh Siledar v. The State Of Maharashtra And ANR

15158.22CA.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 CIVIL APPLICATION NO.17158/2022 IN FAST/39711/2019 GURUBASKHSINGH HARNAMSINGH SILEDAR

VERSUS

THE STATE OF MAHARASHTRA AND ANR ...

Mr.V.B. Wayal, advocate for applicant.

Mr.A.B. Chate, AGP for the respondent/State.

...

CORAM : SANDIPKUMAR C. MORE, J.

DATE : 21st DECEMBER, 2022 PER COURT :- 1.

The applicant is seeking permission to withdraw the compensation amount, which has been deposited by the appellant/State-acquiring body before the Executing Court i.e. C.J.S.D. Vaiapur.

Therefore, it would be appropriate to dispose this application with directions to the aforesaid executing court as follows :

(i) The applicant is at liberty to fle fresh application for withdrawal of compensation before the Executing Court and on receiving the same, the Executing Court shall decide the same on its own merit.

15158.22CA.odt (ii) It is made clear that the conditional order of stay passed by this Court on 09.01.2020 will not be an impediment in passing order by the Executing Court on such withdrawal application.

(iii) The application is accordingly disposed of.

(SANDIPKUMAR C. MORE) JUDGE SGA