Saw. Kalawati Shankar Patil v. The State Of Maharashtra And ORS.

2025:BHC-AUG:21153 914-CA-8352-25.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 CIVIL APPLICATION NO. 8352 OF 2025 IN FA/3575/2018 Saw. Kalawati Shankar Patil

VERSUS

The State Of Maharashtra And Others ......

Mr. L.C. Patil, Advocate for Applicant Ms. D.S. Jape, AGP for Respondents No.1 and 2 Mr. G.B. Rajale, Advocate for Respondent No.3 ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 07 AUGUST, 2025 PER COURT :- 1.

Present civil application is filed for withdrawal of amount deposited by the acquiring body.

2.

Learned counsel Shri Patil for the claimant states that in First Appeal No.398 of 2017 and First Appeal No.2924 of 2019 arising out of the same acquisition / project the order of withdrawal of entire amount of compensation is passed. This position is not disputed by learned counsel Mr. G.B. Rajale for acquiring body. Shri Patil has tendered across the bar the order dated 07.01.2021 passed in CA/7321/2020 in FA/2924/2019 to that effect. In view of this, applicant is permitted to withdraw the entire amount of compensation on following terms: a) 75% of amount be paid on furnishing undertaking on usual terms.

b) 25% amount be paid by furnishing solven security to the satisfaction of the Registrar (Judicial) of this Court.

914-CA-8352-25.odt {2} 3.

Civil Application for withdrawal of amount is disposed of. 4.

Since the entire amount of compensation has been deposited, the interim relief granted vide order dated 27.11.2018 is made absolute.

ABHAY S. WAGHWASE, JUDGE S P Rane