Dnyanoba Tulshiram Dahiphale v. The State Of Maharashtra, Through The Collector, Latur And Others

(1) 921 CA-11251.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.11251 OF 2022 IN FAST/19047/2021 DNYANOBA TULSHIRAM DAHIPHALE

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR AND OTHERS ...

Mr. Gopal D. Kale, Advocate for the applicant. Mr. A.A. Jagatkar, A.G.P. for the Respondent - State. ...

CORAM :

SANDIPKUMAR C. MORE, J.

DATED :

02.08.2022.

ORDER:- 1.

The applicant-original claimant is seeking withdrawal of the entire amount of Rs. 11,34,335/- alongwith interest which is deposited by the appellant-State in this Court.

2.

The learned A.G.P. strongly opposed the application mentioning that as per the direction of this Court, 75% of the total compensation amount has been readily deposited in the Court and if the amount is given to the applicant, it would create diffculty to recover the same, if the appeal is decided in favour of the appellant - State.

(2) 921 CA-11251.2022.odt 3.

However, it appears that this Court has granted stay to the impugned award on deposit of 75% amount of the total compensation amount. The appeal may take some period for fnal disposal. In view of the same, I grant permission to the applicant - original claimant to withdraw 75% amount alongwith the accrued interest thereon out of the deposited amount of compensation by the State while seeking stay to the impugned award, on fling usual undertaking before the Registrar (Judicial) of this Court.

5.

The Civil Application is disposed of accordingly. (SANDIPKUMAR C. MORE, J.) VD-Dhirde