Shahaji Bhanudas Kapse v. The State Of Maharashtra Through Collector, Osmanabad And Others

{1} 926-CA-13648-2022

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 13648 OF 2022 IN X-OBJST/36510/2017 IN FA/2291/2016 SHAHAJI BHANUDAS KAPSE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. M.L. Dharashive AGP for Respondent Nos.1 and 2 : Mr. S.S. Dande Advocate for Respondent No.3 : Mr. G.B. Rajale ....

CORAM : S.G. DIGE, J.

DATE : 29th September, 2022 ORDER :

.

Heard learned Counsel for applicant, learned A.G.P. for respondent Nos.1 and 2 and learned Counsel for respondent No.3.

2.

This application is fled for withdrawal of remaining 25% amount.

3.

Learned Counsel for applicant submits that, this Court has already permitted applicant to withdraw 75% amount. Now applicant is 75 years old and all the family Pooja K.

{2} 926-CA-13648-2022 members are depend on him. There is no source of income to the applicant. Hence, requested to allow the application.

4.

Learned Counsel for respondent No.3 submits that, Special Land Acquisition Ofcer has granted Rs.270/- per R whereas the Reference Court has awarded Rs.3,000/- per R which is exorbitant. This Court has permitted to applicant to withdrawal of 75% amount earlier hence, requested to dismiss the application.

5.

I have heard all learned Counsel. This Court has permitted the applicant to withdraw 75% amount earlier as per enhanced rate Rs.3,000/- per R and this Court has already allow the application of applicant fled for fnal hearing. In view of the above, application is dismissed. 6.

Stand over to 5th December, 2022.

[S.G. DIGE, J.] Pooja K.