Vitthal Shankar Wadane And ANR v. The State Of Maharashtra Thr. Dist. Collector Beed And ORS

2024:BHC-AUG:16144 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CIVIL APPLICATION NO. 7228 OF 2024 IN FA/2253/2022 VITTHAL SHANKAR WADANE AND ANR ....Applicant

VERSUS

THE STATE OF MAHARASHTRA THR. DIST. COLLECTOR BEED AND ORS .....Respondent Mr. P. C. Mayure, Advocate h/f Mr. S. R. Shirsat, Advocate for the applicant Mr. S. K. Shirse, AGP for the respondent/State CORAM :

KISHORE C. SANT, J.

DATE :

24th JULY, 2024 P. C.

1.

Heard.

2.

This application is second application for withdrawal of the amount.

3.

This court by order dated 12-08-2022 has already permitted the applicants to withdraw 50% of the amount

(2) deposited in this court on usual terms.

4.

This application is filed since in similar other matters this court by order dated 13-10-2022 passed in civil application No.14491/2024 allowed the applicants therein to withdraw 75% of the amount alongwith accrued interest. It is further submitted that amount awarded is more than four times of the amount awarded by the learned SLAO. Learned SLAO awarded amount @ Rs.1175/- per R. Same is enhanced to Rs.5250/- per R. He thus submits that in any case even remaining amount is allowed to be withdrawn, same will not cause any prejudice. 5.

Prayer is opposed by the learned AGP.

6.

However, since this court had already permitted withdrawal of 75% of the amount in similar cases and since enhancement is just by Rs.5250/- which is more than four times of the amount awarded by SLAO, this court is inclined to allow the application. Hence, the following order:-

(3)

ORDER

a] The applicant is permitted to withdraw 25% of the amount in addition to earlier 50% of the amount alongwith accrued interest on furnishing usual undertaking. Remaining amount be invested in fixed deposit in any Nationalized bank till disposal of the appeal.

b] The application stands disposed off.

[KISHORE C. SANT, J.] VishalK/11ca7228.24