Vithal Bhaurao Choudhari v. The State Of Maharashtra, Through The Collector, Osmanabad And ORS

2024:BHC-AUG:21989 {1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10201 OF 2024 IN FIRST APPEAL NO.5039 OF 2017 Goroba Shankar Badal APPLICANT

VERSUS

The State of Maharashtra and Others RESPONDENTS AND CIVIL APPLICATION NO. 10202 OF 2024 IN FIRST APPEAL NO.5040 OF 2017 Bhimrao Trimbak Bhonde (Died) LRs & Ors APPLICANTS

VERSUS

The State of Maharashtra and Others RESPONDENTS AND CIVIL APPLICATION NO. 10203 OF 2024 IN FIRST APPEAL NO.5041 OF 2017 Nana Bhau Choudhari APPLICANT

VERSUS

The State of Maharashtra and Others RESPONDENTS AND CIVIL APPLICATION NO. 10204 OF 2024 IN FIRST APPEAL NO.5042 OF 2017 Vithal Bhaurao Choudhari APPLICANT

VERSUS

The State of Maharashtra and Others RESPONDENTS .......

Mr. Kailas B. Jadhav, Advocate for the applicants

{2} Mr. R. B. Dhaware, AGP for respondent - State .......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 20 th SEPTEMBER, 2024 ORDER :

1.

Heard.

2.

These applications are filed by applicants - original claimants for withdrawal of the remaining 50% amount of compensation.

3.

Learned AGP strenuously opposed the applications, stating that 50% amount is already withdrawn by the claimants and, therefore, they are not entitled to withdraw the remaining 50% amount.

4.

Learned advocate for the claimants, on the other hand, relied on the order dated 7th July, 2020 passed by the Hon'ble Apex Court in Civil Appeal No. 2717 of 2020, whereby the Apex Court permitted similarly situated claimants to withdraw 50% amount on furnishing undertaking and 50% on furnishing solvent surety.

5.

In the light of the above, the applications are allowed. Applicants are permitted to withdraw the remaining 50% amount of compensation along with accrued interest, on furnishing

{3} solvent surety / security to the satisfaction of the Registrar (Judicial).

[NITIN B. SURYAWANSHI] JUDGE drp/ca10201-24.doc