Gokul Yeshu Godase (Died) Thr Lrs Malikdied Through Legal Lrs Shardabai Malik Godase v. The State Of Maharashtra Through Collector, Osmanabad
2025:BHC-AUG:17141 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.6198 OF 2025 IN FIRST APPEAL/1223/2021 GOKUL YESHU GODASE (DIED), THROUGH LRS., MALIK GOKUL GODASE (DIED), THROUGH LRS., SHARDABAI MALIK GODASE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ......
Advocate for Applicants : Mr. Laxmikant C. Patil. APP for Respondent Nos.1 and 2 - State : Mr. N. D. Batule Advocate for Respondent No.3 : Mr. Rahul A. Tambe ......
WITH CIVIL APPLICATION NO.7219 OF 2021 IN FIRST APPEAL/1223/2021 THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT STRENGTHENING DIV., OMERGA AND OTHERS
VERSUS
GOKUL YESHU GODASE (DIED), THROUGH LRS., MALIK GOKUL GODASE ......
Advocate for Applicant : Mr. Rahul A. Tambe APP for Applicant Nos.2 and 3 - State : Mr. N. D. Batule Advocate for Respondent : Mr. Laxmikant C. Patil. ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 03 JULY 2025
-2PER COURT :- CIVIL APPLICATION NO.6198 OF 2025 :
1.
This is an Application for withdrawal of the amount deposited by the Acquiring Body along with interest accrued thereon. The Appeal is filed by the Acquiring Body in respect of lands acquired for Storage Tank Dhotri in File No.1999/LNQ/CR-36. 2.
Heard the learned Advocate for the Applicants, the learned Advocate for the Acquiring Body and the learned AGP for the Respondents - State.
3.
There is no dispute that, this Court, in connected Appeals, which are arising out of the same acquisition proceedings for Storage Tank Dhotri in File No.1999/LNQ/CR-36, has permitted the Applicants / Claimants therein to withdraw the amount. A copy of the order dated 04/04/2025, passed in Civil Application No.3832/2025 in First Appeal No.1211/2021 is made available for perusal. The Application in hand is also arising out of the same Storage Tank and therefore, the same course is to be followed. Hence, the Application is allowed in terms of the said order.
-34.
The Applicants are allowed to withdraw 75% of the amount with accrued interest deposited in this Court on furnishing usual undertaking and remaining 25% amount be invested in fixed deposits in any Nationalized Bank to be renewed from time to time till disposal of the Appeal. Application is disposed off accordingly. CIVIL APPLICATION NO.7219 OF 2021 :
5.
This is an application seeking stay to the effect and operation of the impugned Judgment and Award. 6.
There is no dispute that, the Acquiring Body has deposited the entire amount under the Award along with interest accrued thereon. Therefore, the stay granted by the order dated 30/07/2021 is made absolute and the Application is disposed off in terms of Prayer Clause "B".
[ABHAY S. WAGHWASE, J.] vre