Maruti Banduji Dehade Died Through Lrs Sevantabai Maruti Dehade And Others v. The State Of Maharashtra And Others

1 CA 10702/2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10702 OF 2015 in Writ Petition No. 6965 of 2005 Maruti s/o Banduji Dehade [Since dead through Legal heir heir] [1] Smt. Sevantabai w/o Maruti Dehade and others Applicants V E R S U S The State of Maharashtra through [1] The Secretary, Dairy Development Department, Mantralaya, Mumbai and others Respondent Mr. Ramraje Deshmukh, Advocate, holding for Mr. S.S. Thombre, Advocate for the applicants Mr. S.D. Kaldate, AGP for the respondent/State CORAM : A. V. NIRGUDE & V. K. JADHAV, JJ.

DATE : 3rd September, 2015 PER COURT :

1.

By this application, the applicant is seeking withdrawal of the amount deposited by the nonapplicants. 2.

Heard learned counsel for the applicant. We have also heard the learned A.G.P.

3.

It is not disputed by the learned A.G.P. that writ petitions filed by the present non-applicants have been dismissed and no further proceedings are taken up against the said orders. The amount prayed for withdrawal is the amount deposited by the non-

2 CA 10702/2015 applicants in the writ petition pursuant to the orders of the Court. In view of the dismissal of the writ petition, there would be no impediment to allow the applicant to withdraw the amount.

4.

In the light of above, the civil application is allowed. The applicant is allowed to withdraw the amount as claimed by him. The Registry shall permit the applicant to withdraw the amount directed to be deposited in the petition along with interest, if any, after confirming identity. Civil Application stands disposed of.

( V.K. JADHAV, J. ) ( A.V. NIRGUDE, J. ) SRM/3/9/15