Pratap Amrutrao Bhosale Died Thr Lrs Mangal And ORS v. The State Of Maharashtra Thr. Collector Osmanabad And ORS.

2025:BHC-AUG:24351 -1- 938-CA-7401-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7401 OF 2025 IN FA/3044/2017 PRATAP AMRUTRAO BHOSALE DIED, THR. LRS. MANGAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO. 7407 OF 2025 IN FA/3045/2017 GYANDEO S/O. BHIMRAO JADHAV (DIED), THROUGH HIS LRS., PRAYAGBAI WD/O. GYANDEO JADHAV AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ......

Advocate for Applicants : Mr. Manoj Dharmaraj Shinde AGP for Respondent Nos.1 and 3 - State : Mrs. A. S. Mantri Advocate for Respondent No.2 : Mr. Rahul A. Tambe ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 10 SEPTEMBER 2025 PER COURT :

1.

Heard rival submissions.

2.

The respective applicants in both these Applications are seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body along with the interest accrued thereon. It appears that, the acquiring body has deposited entire amount of the impugned award.

-2- 938-CA-7401-2025 3.

The learned counsel for the acquiring body strongly opposed the application for withdrawal of entire amount. 4.

For the reasons stated in the application, the applicants are allowed to withdraw 75% of the amount with accrued interest deposited in this Court on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court and remaining 25% amount be invested in fixed deposits any Nationalized Bank to be renewed from time to time till disposal of the Appeal.

5.

The Civil Applications are accordingly disposed off. (ABHAY S. WAGHWASE, J.) Tandale