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Bombay High CourtCA/8909/2023allowed to be withdrwan at final hearing stage

Pundlik Bhavdu Tayade And ORS v. The State Of Maharashtra, Through The Special Land Acquisition Officer, Aurangabad And ANR

2023-10-12Hon'Ble Shri Justice Kishore C. Sant2 pages

( 1 ) ca8911.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 6 CIVIL APPLICATION NO.8911 OF 2023 IN FA/541/2015 NAMDEO NAGU TAYADE (DIED) THR LRS. YAMUNABAI NAMDEO TAYADE AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE SPECIAL LAND ACQUISITION OFFICER, AURANGABAD AND ANR WITH CIVIL APPLICATION NO. 8909 OF 2023 IN FA/542/2015 PUNDLIK BHAVDU TAYADE AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE SPECIAL LAND ACQUISITION OFFICER, AURANGABAD AND ANR Mr.D.A. Bide h/f. Mr. C.K. Sonawane, Advocate for the applicants. Mr.S.P. Tiwari, AGP for the respondent/State.

CORAM

:

KISHORE C. SANT, J.

DATED :

12.10.2023 PC :- 01.

These Civil Applications are filed by the original claimants/respondents in the First Appeal Nos. 541 and 542 of 2015. It is submitted that both the appeals are withdrawn by the State Government in National Lok Adalat dated 14.09.2019. During the pendency of the First Appeals, the claimants had filed application for withdrawal of the amount that was deposited by the acquiring body in this Court. The amount of 75% was directed to be withdrawn and same was withdrawn. However, after withdrawal amount of remaining 25% amount is still lying in this Court. Present civil applications are, therefore, filed by the original claimants and

( 2 ) ca8911.23 heirs of some of the claimants who died during the pendency of the First Appeals seeking permission to withdraw the remaining 25% amount. 02.

The learned AGP submits that the fact of death and legal heirs needs to be verified. He accepts that the appeals are withdrawn. 03.

This Court finds that the claimants and their legal heirs can be allowed to withdraw the amount subject to satisfaction of the Registrar (Judicial) of this Court. The applications are, thus, allowed with direction to the Registrar (Judicial) to verify the claimants and legal heirs and after verification if they are entitled, allow them to withdraw the amount with accrued interest. The office to verify as to how much amount is lying with the office at present and allow the same to be withdrawn. 04.

The Civil Applications accordingly stand disposed off. [KISHORE C. SANT, J.] snk/2023/OCT23/ca8911.23