Vishwanath Hanumant Katgave v. The State Of Maharashtra Through District Collector, Osmanabad And Others

938-CA-7367-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 938 CIVIL APPLICATION NO. 7367 OF 2025 IN FA/3760/2016 Vishwanath Hanumant Katgave

VERSUS

The State Of Maharashtra Through District Collector, Osmanabad And Others .....

Ms. Mrunal Andhare h/f Mr. Kale Ajeet B., Advocate for Applicant Ms. A. S. Deshmukh, AGP for Respondent Nos.1 and 2 - State Mr. Rahul A. Tambe, Advocate for Respondent No.3 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

16.12.2025 PER COURT :

[I] Order in Civil Application :

1.

This is the Application for withdrawal of remaining 25% amount deposited by the Acquiring Body. The Appeal filed by Acquiring Body is in respect of acquisition for Storage Tank Ekurga in File No.2002/LNQ/k.kh/CR-20.

2.

The Applicants have withdrawn 75% amount deposited by the Acquiring Body by order dated 10/12/2019. Now, on the basis of order dated 13/10/2025, passed in Civil Application No.8082/2025 in First Appeal No.2699/2018, the Applicant is seeking same relief for withdrawal of the remaining amount.

938-CA-7367-2025.odt 3.

The learned Advocate Mr. Tambe for the Acquiring Body opposes the Application. He submits that, if the Application is allowed, nothing would remain.

4.

Considering that this Court by the above-referred order in the above-referred Application has granted the similar prayer to the similar placed Claimants, the Application is allowed in terms of Prayer Clause - 'B', subject to the Applicant furnishing Solvent Surety / Security to the satisfaction of the learned Registrar (Judicial) of this Court. 5.

Application stands disposed off accordingly.

[II] Order in First Appeal :

1.

List the Appeal for final hearing along with connected matters after four [04] weeks.

[NEERAJ P. DHOTE, J.] Sameer/December-2025