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Bombay High CourtCA/6341/2025admittedallowedgrantedrule absolute

Sambhaji Dama Kambale And ANR v. The State Of Maharashtra Through The Collector, Osmanabad

2025-07-03Hon'Ble Shri Justice Abhay S. Waghwase2 pages

2025:BHC-AUG:17025 916-CA-6341-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6341 OF 2025 IN FA/2207/2021 Sambhaji S/o Dama Kambale and Another

VERSUS

The State Of Maharashtra, Through The Collector, Dist Osmanabad and Others ......

Mr. Laxmikant C. Patil, Advocate for Applicants Mr. N.D. Batule, AGP for Respondents No.1 and 2- State Ms. Sunita D. Shelke, Advocate for Respondent No.3 ......

CORAM : ABHAY S. WAGHWASE, J.

DATE : 03 JULY, 2025 ORDER :

1.

This application is filed for withdrawal of amount deposited by the Acquiring Body.

2.

Learned counsel for the applicants pointed out that, in cases of similarly situated claimants, this Court (Coram: Sanjay A. Deshmukh, J.) has permitted to withdraw the amount deposited by the Acquiring Body vide order dated 16.01.2025 passed in Civil Application No.10116 of 2024 in FAST/1619/2021 and connected matters.

916-CA-6341-25 3.

Learned AGP as well as learned counsel for respondent no.3 - acquiring body have no objection for withdrawal of compensation amount in terms of order dated 16.01.2025. 4.

In view of the above, applicants/claimants are permitted to withdraw 75% amount i.e. 50% on furnishing usual undertaking and 25% on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial) of this Court.

5.

Civil Application is accordingly disposed of. [ ABHAY S. WAGHWASE ] JUDGE S.P.Rane