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Bombay High CourtCA/9057/2025admittedallowedgrantedrule absolute

Vishwas Vishwambhar Jagtap v. The State Of Maharashtra Through Collector Osmanabad At Osmanabad And ORS

2025-09-04Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:23908 974 CA 9056 25+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 974 CIVIL APPLICATION NO. 9056 OF 2025 IN FAST/7013/2024 NILKANTH LAXMAN JAGTAP

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR OSMANABAD AT OSMANABAD AND ORS ...

WITH CIVIL APPLICATION NO. 9057 OF 2025 IN FAST/7020/2024 ...

WITH CIVIL APPLICATION NO. 9058 OF 2025 IN FAST/7016/2024 ...

Advocate for Applicant : Mr. Madhav Jadhav h/f Mr. More Abhijit S. AGP for Respondent No. 1 : Mr. N.D. Raje Advocate for Respondent No. 2 : Mr. Rahul A. Tambe ...

WITH FIRST APPEAL (STAMP) NO. 7023 OF 2024 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT AT PARANDA, OSMANABAD

VERSUS

UTTAM MARUTI JAGTAP DIED LEGAL HEIRS AS TUKARAM UTTAM JAGTAP AND OTHERS ...

Advocate for Appellant : Mr. Tambe Rahul A.

Advocate for Respondents/Claimants : Mr. Madhav Jadhav A.G.P. for Respondents/State : Mr. N.D. Raje

CORAM

: SHAILESH P. BRAHME, J.

DATE : 04.09.2025 PER COURT :

The applicants seek withdrawal of amount of Rs. 5,66,991/- ( in CA No. 9056/2025), Rs. 64,801/- (In CA No. 9057/2025), Rs. 3,74,506/- (in 1/2

974 CA 9056 25+.odt CA No. 9058/2025) and Rs. 3,99,779/- (in FAST No. 7023/2024) deposited by the acquiring body in the respective appeals. 2.

My attention is adverted to the common order of this Court in Civil Application No. 13411/2022 and connected applications, dated 26.09.2022. I propose to follow the same Course.

3.

The Civil Applications are allowed permitting the applicants to receive the amounts deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. 4.

No separate application for withdrawal of amount is filed in FAST No. 7023/2024 because the sole claimant is no more. Both parties shall file joint pursis for bringing heirs of deceased claimant on record within two weeks, then and then only the amount shall be disbursed to the heirs. Parties shall be at liberty to amend the title clause.

( SHAILESH P. BRAHME, J.) mkd/- 2/2