Irappa Balwant Madnure (Died) Through Legal Representatives Baliram And Others v. The State Of Maharashtra, Thr Collector, Latur

2025:BHC-AUG:19806 {1} CA 6424 OF 2025 + withdrawal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO. 6424 OF 2025 IN FA/1458/2021 SADASHIV MAHADU TIKTE (DIED) THR. LRS VASANT SADASHIV TIKTE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THR.COLLECTOR, LATUR AND ORS ...

WITH CIVIL APPLICATION NO. 6422 OF 2025 IN FA/1465/2021 IRAPPA BALWANT MADNURE (DIED), THR. LRS. BALIRAM IRAPPA MADNURE AND ORS.

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR, LATUR AND ORS ....

Advocate for Applicants : Mr. Gajanan K. Sontakke AGP for Respondent nos.1 & 2 : Mrs.D.S.Jape Advocate for Respondent no.3: Mr. Ranjit B.Gaikwad ....

CORAM : ABHAY S. WAGHWASE, J.

DATE : 25 JULY, 2025 ORDER :- 1.

Heard rival submissions.

2.

The learned counsel for the applicants in both these applications, submits that this Court in other similar matter has already permitted the claimants therein to withdraw 60% amount on usual undertaking and the remaining 40% amount on furnishing solvent security.

{2} CA 6424 OF 2025 + withdrawal 3.

The learned counsel for the Acquiring Body requested for withholding certain amount since the Reference Court has awarded the interest from the date of notification.

4.

In view of the above and considering the submissions of learned counsel for the parties, I find it proper to pass following order :

ORDER

(i) The applications are partly allowed.

(ii) The respective applicants / claimants are permitted to withdraw 50% of the deposited compensation amount on usual undertaking to the satisfaction of Registrar (Judicial) of this Court and 50% of the deposited compensation amount by furnishing solvent surety / security along with accrued interest thereon till date. (iii) Applications are disposed of.

( ABHAY S. WAGHWASE ) JUDGE SPT