Ashok Sitaram Raut (Died) Thr Lrs. Dipali Ashok Raut And ORS v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

2023:BHC-AUG:26933 1 920-CA-11149-23..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11149 OF 2023 IN FAST/12177/2019 ASHOK SITARAM RAUT (DIED) THROUGH LRS. DIPALI ASHOK RAUT AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...

Mr. B.K. Pawar, Advocate h/f Mr. A.B. Kale, Advocate for Applicant Mr. S.K. Shirse, AGP for Respondent - State ...

CORAM : NITIN B. SURYAWANSHI, J.

DATE : 20th DECEMBER, 2023 PER COURT :

1.

This civil application is filed for seeking permission to withdraw the amount of compensation deposited by respondent / acquiring body.

2.

Learned advocate for applicants has relied on order dated 03/11/2023 passed by this Court [Coram: Kishore C. Sant, J.] in Civil Application No.12973/2023 and other connected matters, whereby applicants are permitted to withdraw 50% amount with accrued interest thereon on executing usual undertaking and 25% amount with accrued interest thereon on furnishing solvent surety/security to the satisfaction of Registrar (Judicial) of this Court.

SVH

2 920-CA-11149-23..odt 3.

Learned Assistant Government Pleader confirms the fact that said order is passed in connected matters. In that view of the matter, following order:-

ORDER

(I) Applicants shall withdraw 50% amount with accrued interest thereon on executing usual undertaking and 25% amount with accrued interest thereon shall be allowed to be withdrawn on furnishing solvent surety/securities to the satisfaction of the Registrar (Judicial) of this Court. (II) The remaining 25% of the amount with accrued interest thereon be deposited in FDR, in any nationalized bank for a fixed period as the Registrar (Judicial) deems fit. (III) Civil Application is accordingly disposed of. (NITIN B. SURYAWANSHI, J.) SVH