Keshrabai Punjaram Thombare v. The State Of Maharashtra Through Collector And ORS
2025:BHC-AUG:18421 1 937-CA.6707-25 & ors (withdrawal).odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 937 CIVIL APPLICATION NO. 6707 OF 2025 IN FA/1630/2025 GANESH S/O DEVRAO PAWAR
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND ORS AND 938 CIVIL APPLICATION NO. 6708 OF 2025 IN FA/1631/2025 KESHRABAI PUNJARAM THOMBARE
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND ORS AND 939 CIVIL APPLICATION NO. 7163 OF 2025 IN FAST/6867/2024 LAXMAN NATHA TAYADE
VERSUS
THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND ORS ...
Advocate for Applicant : Mr. Pingale Durgesh Madhukar. AGPs for Respondent/s-State : Mr. D. B. Bhange, Mr. B. A. Shinde, respectively.
Advocate for Respondent No.3 : Ms. Vaishali S. Swami h/f Mr. Mahesh Swami.
...
CORAM : SHAILESH P. BRAHME, J.
DATE : 15.07.2025 PER COURT :- 1.
The applicants who are original/claimants are seeking withdrawal of amount deposited by respondent/acquiring
2 937-CA.6707-25 & ors (withdrawal).odt body. The order passed by the Co-ordinate Bench on 08.03.2024 and 21.06.2024 are tendered on record to buttress the submission that on the ground of parity applicants are entitled to receive the amount.
2.
Learned counsel appearing for the acquiring bodies have disputed the entitlement of the applicants and contested applications. They would submit that exorbitant compensation has been awarded by the Reference Court and it has bearing over public exchequer.
3.
I have considered rival submissions of the parties. There is no reason to doubt the contention that in similarly situated matters, this Court has partly allowed the applications for withdrawal of amount permitting the claimants to receive 75% of the amount on furnishing usual undertaking and 25% of the amount on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. I preferred to adopt the same course as is done in order dated 08.03.2024 and 21.06.2024.
4.
Civil applications are partly allowed.
5.
Applicants/claimants shall receive 75% of the amount with accrued interest on furnishing usual undertaking and
3 937-CA.6707-25 & ors (withdrawal).odt further remaining amount of 25% on furnishing solvent surety/security to the satisfaction of Registrar (Judicial). (SHAILESH P. BRAHME, J.) ...
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