Shankarrao Mahadu Chikne v. The State Of Maharashtra And ANR

(1) 43-ca-11709-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11709 OF 2022 IN FA/274/2020 SHANKARRAO MAHADU CHIKNE ..APPLICANT

VERSUS

THE STATE OF MAHARASHTRA AND ANR ..RESPONDENTS ...

Mr. D. R. Jayabhar, Advocate for Applicant.

Smt. D. S. Jape, A.G.P. for the Respondent-State. ...

CORAM : S. G. DIGE, J.

DATED : 22nd AUGUST, 2022.

PER COURT:- 1.

Heard learned counsel for the applicant and learned A.G.P.

2.

The learned counsel for the applicant submits that, respondents had challenged the judgment and award passed by the Reference Court and has deposited entire award amount before this Court. The applicant is poor farmer. He has no source of income. His agricultural land is acquired by the State. He is 77 years old and unable to do any work due to his old age. Hence, he needs amount for his day to day expenses.

3.

The learned A.G.P. objected for withdrawal of the amount.

4.

I have heard both the learned counsel.

(2) 43-ca-11709-2022 5.

The land of the applicant is acquired by the respondents. The applicant is 77 years old. He is unable to do any work due to his old age. He requires amount for his day to day expenses.

Hence, I pass the following order:

ORDER

(a) Application is allowed.

(b) The applicant is permitted to withdraw 50% amount alongwith accrued interest thereon out of the deposited amount by the respondents on furnishing undertaking.

(S. G. DIGE) JUDGE Devendra/August-2022