Mahajan Shamsing Dedwal v. The State Of Maharashtra Through Collector And ORS

2025:BHC-AUG:23688 1 977 & 978 ca 9410.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9410 OF 2025 IN FIRST APPEAL NO. 2013 OF 2024 Hirchand Bandu Gusinge and another .. Applicants

Versus

The State of Maharashtra, through Collector and others .. Respondents Shri Pradeep M. Janapurkar, Advocate for the Applicants. Shri D. B. Bhange, A.G.P. for the Respondent Nos. 1 and 2 Shri Ram. B. Deshpande, Advocate for the Respondent No. 3. AND CIVIL APPLICATION NO. 9411 OF 2025 IN FIRST APPEAL NO. 2012 OF 2024 Mahajan Shamsing Dedwal .. Applicant

Versus

The State of Maharashtra, through Collector and others .. Respondents Shri Pradeep M. Janapurkar, Advocate for the Applicant. Shri N. D. Raje, A.G.P. for the Respondent Nos. 1 and 2 Shri Ram. B. Deshpande, Advocate for the Respondent No. 3. CORAM : SHAILESH P. BRAHME, J.

DATE : 03RD SEPTEMBER, 2025.

FINAL ORDER :

.

Applicants are seeking withdrawal of amount deposited by

2 977 & 978 ca 9410.25 the respondent No. 3 - acquiring body.

2.

In First Appeal No. 2013 of 2024 amount of Rs. 35,97,223/- is deposited. In First Appeal No. 2012 of 2024 amount of Rs. 47,96,968/- is deposited.

3.

Both the learned counsel are ad-idem that already Coordinate Bench has permitted the claimants to receive 50% of the amount deposited with accrued interest on furnishing undertaking and 25% of the amount deposited with accrued interest on furnishing solvent security/surety. 4.

My attention is adverted to the common order dated 19th April, 2022 passed by the Coordinate Bench in First Appeal No. 1158 of 2021 with other connected matters. I propose to adopt the same course. Both applications are allowed partly permitting the applicants-claimants to receive 50% of the amount deposited with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court and further 25% of the amount deposited with accrued interest on furnishing solvent security/surety. Balance amount shall be invested in any nationalized bank. The civil applications are disposed of. [ SHAILESH P. BRAHME J. ] bsb/Sept. 25