Anirudha Digambar Bhosale v. The State Of Maharashtra Through The Collector, Osmanabad And ORS.,
2025:BHC-AUG:23322 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6719 OF 2025 IN FIRST APPEAL NO. 349 OF 2021 BUDHIWANT S/O DIGAMBAR BHOSALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 6718 OF 2025 IN FIRST APPEAL NO. 354 OF 2021 ANIRUDHA S/O DIGAMBAR BHOSALE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 8314 OF 2025 IN FIRST APPEAL NO. 353 OF 2021 VITTHAL S/O SHIVAPPA KOKATE DIED THROUGH LRS RAM VITTHAL KOKATE
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 8315 OF 2025 IN FIRST APPEAL NO. 357 OF 2021 WANDABAI W/O NAGNATH BHOSALE DIED THROUGH LRS MUDRIKABAI W/O MANIK BHOSALE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ......
Advocate for the Applicants : Mr. L. C. Patil APP for Respondent Nos. 1 and 2 : Mrs. M. L. Sangit Advocate for Respondent No.3 : Ms. Sunita D. Shelke ......
-2CORAM : ABHAY S. WAGHWASE, J.
DATED : 26 AUGUST 2025 PER COURT :
1.
These are applications by the original claimants for withdrawal of the entire 75% amount deposited by the appellant/acquiring body in this Court.
2.
Heard the learned Advocate for Applicants/claimants and learned Advocate for the Acquiring Body.
3.
The Appeals are preferred by the Acquiring Body against the judgment and award dated 19.09.2024 passed by the Joint Civil Judge Senior Division, Omerga in respective Land Acquisition References, by which the compensation has been enhanced 7 to 8 times than the compensation granted by the Special Land Acquisition Officer. The Acquiring Body has deposited 75% amount under the award, along with interest accrued thereon. There is no dispute on the aspect that, the learned Reference Court in concerned References, has permitted the claimants therein to withdraw the entire 100% amount, which was deposited by the Acquiring Body before the learned Reference Court.
-34.
Learned Advocate for the Acquiring Body submits that, withdrawal may be permitted only against some security/surety. 5.
25% amount is already secured with the Acquiring Body. In this view of the matter, I see no impediment to allow the applicants/claimants to withdraw the entire 75% amount deposited by the Acquiring Body on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.
(ABHAY S. WAGHWASE, J.) Tandale