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Bombay High CourtCA/8685/2025admittedallowedgrantedrule absolute

Sadashiv Tatya Gange Died Thr Lrs Smt Venubai Sadashiv Gange Died Thr Lrs Sunita And ORS v. The State Of Maharashtra Through The Collector Osmanabad And ORS

2025-08-13Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:22254 942-CAs-8685-8687-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8685 OF 2025 IN FAST/32820/2023 Sadashiv Tatya Gange Died Thr Lrs Smt Venubai Sadashiv Gange Died Thr Lrs Sunita And Ors

VERSUS

The State Of Maharashtra Through The Collector Osmanabad And Ors WITH CIVIL APPLICATION NO. 8687 OF 2025 IN FAST/32823/2023 Tukaram Bahu Gange Died Through His Lrs Ayodhya Sitabai Tukaram Gange

VERSUS

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

Mr. A. S. More, Advocate for Applicant Mr. S. N. Kendre, AGP for Respondent Nos.1 and 2 Mr. P. A. Pisal, 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. 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 Umesh

942-CAs-8685-8687-2025.odt Claimants. It is his submission that by order dated 08.11.2023 passed in CA/13458/2023 this Court has permitted withdrawal of 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 along with accrued interest thereon till date subject to filing of undertaking to the satisfaction of the Registrar (Judicial) of this Court. The Applicants stand disposed of.

(R. M. JOSHI, J.) Umesh