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Bombay High CourtCA/7502/2024admittedallowedgrantedrule absolute

Bhau Baliram Survase And ORS v. The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And ORS

2024-07-29Hon'Ble Shri Justice Kishore C. Sant3 pages

2024:BHC-AUG:16043

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 14 CIVIL APPLICATION NO. 7502 OF 2024 IN FAST/9759/2023 BHAU BALIRAM SURVASE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AT OSMANABAD AND ORS ...

Advocate for Applicant : Mr. More Abhijit S.

AGP for Respondent/State : Mr. A.M.Phule Advocate for Respondents : Mr. R.A. Tambe h/f Mr. R.R. Kale ...

AND 19 CIVIL APPLICATION NO. 7526 OF 2024 IN FAST/8735/2023 WITH CIVIL APPLICATION NO. 7527 OF 2024 IN FAST/8743/2023 WITH CIVIL APPLICATION NO. 7528 OF 2024 IN FAST/8740/2023 DHONDIBA ANGAD JAGTAP

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS ...

Advocate for Applicant : Mr. More Abhijit S.

AGP for Respondents/State : Mr. V.M.Chate Advocate for Respondent No.3 : Mr. Pramod A. Pisal Advocate for Respondents : Mr. R.A. Tambe h/f Mr. R.R. Kale ...

CORAM : KISHORE C. SANT, J.

DATE : 29th JULY, 2024.

PER COURT :

1.

These applications are for withdrawal of the amount deposited by the appellant/Acquiring Body in this Court pursuant to the order dated 30.03.2023 passed by this Court on application for stay bearing Civil Application No. 4091 of 2023. This Court by the said order had granted interim relief subject to deposit of 50% of the amount of compensation as per the impugned judgment and award along with interest in the office of this Court.

2.

Learned Advocate also produced on record the order dated 18.10.2022 passed by this Court in Civil Application No. 14749 of 2022, whereby, the applicants therein are permitted to withdraw entire amount deposited in this Court as per the award. In view of the same, this Court is inclined to pass the following order :

ORDER

a) The Civil Application stands allowed and disposed off.

b) The applicants are permitted to withdraw entire amount deposited in this Court along with accrued interest on furnishing usual undertaking.

( KISHORE C. SANT ) JUDGE mahajansb/