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Bombay High CourtCA/8700/2025admittedallowedgrantedrule absolute

Sambhaji Savta Ausare Died Through His Lrs Vaishali Shahaji Saikar And ORS v. The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And ORS

2025-08-13Hon'Ble Shri Justice R. M. Joshi3 pages

2025:BHC-AUG:22248

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8694 OF 2025 IN FAST/27674/2023 Dhananjay Mahadeo Ausare

VERSUS

The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And Ors WITH CIVIL APPLICATION NO. 8697 OF 2025 IN FAST/27696/2023 Dashrath Daulat Ausare

VERSUS

The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And Ors WITH CIVIL APPLICATION NO. 8696 OF 2025 IN FAST/27677/2023 Ajay Subhash Ausare

VERSUS

The State Of Maharashtra Through Collector Osmanabad At Osmanabad And Ors WITH CIVIL APPLICATION NO. 8700 OF 2025 IN FAST/27701/2023 Sambhaji Savta Ausare Died Through His Lrs Vaishali Shahaji Saikar And Ors

VERSUS

The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And Ors WITH CIVIL APPLICATION NO. 8699 OF 2025 IN FAST/27686/2023 Mahadeo Sadashiv Ausare Died Through His Lrs Parwati

Mahadeo Ausare And Ors

VERSUS

The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And Ors WITH CIVIL APPLICATION NO. 8698 OF 2025 IN FAST/27692/2023 Ambadas Daulat Ausare

VERSUS

The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And Ors WITH CIVIL APPLICATION NO. 8695 OF 2025 IN FAST/27682/2023 Dattu Sadashiv Ausare

VERSUS

The State Of Maharashtra Through The Collector Osmanabad At Osmanabad And Ors ...

Mr. A. S. More, Advocate for Applicant Mr. S. N. Kendre, AGP for Respondent Nos. 1 and 2 Mr. M. S. Kulkarni, Advocate for Respondent No. 3 *** CORAM : R. M. JOSHI, J DATE : AUGUST 13, 2025 COMMON ORDER :

1.

These Applications are for withdrawal of the amount deposited by the Respondent/Acquiring Body in this Court.

2.

Learned Counsel for the Applicants submits that in the same acquisition, another reference was

filed and that the said reference was decided by the Reference Court in favour of the Applicant/Original Claimants. It is his submission that by order dated 29.07.2024 passed in CA/7502/2024 this Court has permitted withdrawal of entire 50% amount. He seeks similar order.

3.

Learned Counsel for Acquiring Body though opposes Applications, however, he does not dispute the aforestated facts.

4.

In view of the above, Applications stand allowed in terms of prayer clause 'B'. Applicants are permitted to withdraw entire 50% deposited amount deposited in this Court along with accrued interest thereon on furnishing usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The Applicants stand disposed of.

(R. M. JOSHI, J.)