Ramesh Shivhari Gadhave v. The State Of Maharashtra Through The Collector At Osmanabad And ORS

2025:BHC-AUG:22253 943-CA-8692-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 8692 OF 2025 IN FAST/33521/2023 Ramesh Shivhari Gadhave

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. M. N. Kalyane h/f Mr. G. B. Rajale, Advocate for Respondent No. 3 *** CORAM : R. M. JOSHI, J DATE : AUGUST 13, 2025 PC:

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 Claimant. It is his submission that by order dated 20.07.2023 passed in CA/6409/2023 this Court has permitted withdrawal of 75% amount. He seeks similar order.

3.

Learned Counsel for Acquiring Body though Umesh

943-CA-8692-2025.odt opposes Applications, however, he does not dispute the aforestated facts.

4.

In view of the above, Application stands allowed in terms of prayer clause 'B'. Applicant is permitted to withdraw 75% of his respective compensation amount along with the proportionate interest accrued thereon till date on usual undertaking to the satisfaction of the Registrar (Judicial) of this Court. The remaining amounts be invested in the F.D.R. in any Nationalized Bank on yearly renewal basis till disposal of these Appeal.

5.

Application stands disposed of in above terms. (R. M. JOSHI, J.) Umesh