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Bombay High CourtCA/9293/2025admittedallowedgrantedrule absolute

Raosaheb Kondaji Ekhande v. The State Of Maharashtra Through Collector Ahmednagar, And ORS

2025-09-19Hon'Ble Shri Justice Abhay S. Waghwase3 pages

2025:BHC-AUG:25934 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 941 CIVIL APPLICATION NO. 9293 OF 2025 IN FAST/27420/2017 RAOSAHEB KONDAJI EKHANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AHMEDNAGAR, AND OTHERS WITH CIVIL APPLICATION NO. 9296 OF 2025 IN FAST/27352/2017 BADSHAH NARHARI EKHANDE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, AHMEDNAGAR WITH CIVIL APPLICATION NO. 9295 OF 2025 IN FAST/27357/2017 BHAGWANT BALA EKHANDE (DECEASED) THROUGH HIS LRS BHASKAR BHAGWANTA EKHANDE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS WITH CIVIL APPLICATION NO. 9294 OF 2025 IN FAST/27371/2017 DAGDU GOVIND EKHANDE (DECEASED), THROUGH LRS. DAMODHAR DAGDU EKHADE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

-2- ......

Advocate for Applicants : Mr. Rajendra K. Temkar AGP for Respondents - State : Mr. V. S. Badakh ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 19 SEPTEMBER 2025 PER COURT :

1.

These are applications by the original claimants for withdrawal of the entire decretal amount of compensation deposited by the appellants/acquiring body in this Court.

2.

Heard the learned Advocate for Applicants/claimants and learned AGP for the State.

3.

The Appeals are preferred by the acquiring body against the judgment and award dated 25.01.2012 passed by the Civil Judge Senior Division, Sangamner in respective Land Acquisition References, by which the compensation has been enhanced four times than the compensation granted by the Special Land Acquisition Officer. The acquiring body has deposited the entire decretal compensation amount under the award, along with interest accrued thereon. The amount of compensation is directed to be deposited before the learned lower court.

-34.

Learned AGP for the State has raised formal objection for withdrawal of entire amount of compensation.

5.

In this view of the matter, I see no impediment to allow the Applicants/claimants to withdraw the entire decretal compensation amount deposited by the Acquiring Body before the learned lower court on furnishing usual undertaking.

6.

The applications are allowed in terms of prayer clause "B'. 7.

Civil Applications are disposed off accordingly. (ABHAY S. WAGHWASE, J.) Tandale