Ankush Ganpati Pawar (Died) Thr Lrs Annapurna And ORS v. The State Of Maharashtra Thr The Collector, Osmanabad And ORS

2024:BHC-AUG:20190 966-CA-8227-2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8227 OF 2024 IN FAST/22844/2020 Ankush Ganpati Pawar (died) Thr Lrs Annapurna And Ors

VERSUS

The State Of Maharashtra Thr The Collector, Osmanabad And Ors *** • Ms. Lakshmi Thakur h/f Mr. L. C. Patil, Advocate for the Applicants • Mr. N. B. Patil, AGP for the Respondent Nos. 1 and 2 • Mr. M. S. Kulkarni, Advocate for Respondent No. 3 ***

CORAM

: KISHORE C. SANT, J DATE : AUGUST 30, 2024 PER COURT :

1.

This application is for withdrawal of the amount of compensation deposited by the Appellant/Acquiring Body in the office of this Court along with interest.

2.

Learned Advocate for the Applicants has produced copy of the order dated 17.03.2023 passed by this Court in CA/1922/2023. The said application also arises out of the same acquisition proceedings which is the subject matter of the present Appeal. In the said matter, Appellant had deposited 70% amount as per Umesh

966-CA-8227-2024.odt award. Out of the said amount, 90% amount was permitted to be withdrawn on furnishing usual undertaking. In the present case, it is submitted that only 60% of the amount as per the award is deposited in this Court. The said position is not disputed.

3.

Learned Advocate for the Appellant vehemently opposes the Application.

4.

In view of the above, following order:

O R D E R

(a) Application is allowed.

(b) Applicant is permitted to withdraw entire amount deposited in this Court along with accrued interest on furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

(KISHORE C. SANT, J.) Umesh