Pandurang Maruti Patil Died Thr Lrs Prabhawati And Others v. The State Of Maharashtra The Collector, Osmanabad And ORS
2025:BHC-AUG:25677 -1- 946-CA-9324-2025
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 9324 OF 2025 IN FA/1691/2021 PANDURANG MARUTI PATIL DIED THROUGH LRS.
PRABHAWATI PANDURANG PATIL AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ......
Ms. Laxmi Thakur h/f. Mr. Laxmikant C. Patil, Advocate for Applicants. Mr. D. R. Korade, AGP for Respondents - State. Mr. Mukul S. Kulkarni, Advocate for Respondent No.3 ......
CORAM : ABHAY S. WAGHWASE, J.
DATED : 19 SEPTEMBER 2025 PER COURT :
1.
The present Application is preferred for withdrawal of amount deposited by the Respondent No.3-Acquiring Body in this Court. 2.
It is submitted by the learned Advocate for the Applicants/Claimants that in connected matters arising out of the same acquisition proceeding, this Court proceeded with C.A. No. 5572 of 2024 in First Appeal No. 2625 of 2021, along with C.A. No. 5573 of 2024 in First Appeal No. 2623 of 2021, by order dated 20.06.2024, permitting similarly situated claimants to withdraw the entire amount deposited by the Acquiring Body. He submits that the application be allowed.
-2- 946-CA-9324-2025 3.
The learned AGP appears for Respondent Nos.1 & 2. The Learned Advocate Mr. Kulkarni appears for Respondent No.3-Acquiring Body and he does not dispute the aforesaid aspect. 4.
The Applicants are the Claimants. The Appeal is filed by the Acquiring Body against the compensation enhanced by the learned Reference Court.
5.
The Respondent No.3-Acquiring Body has deposited 75% of the amount awarded by the Reference Court, pursuant to the order dated 25.08.2021.
6.
On hearing both sides, and in view of the above-referred order, by which similarly situated claimants have been permitted to withdraw the entire amount deposited by the Acquiring Body, the Application is allowed in terms of Prayer Clause 'B', subject to furnishing an undertaking to the satisfaction of the Registrar (Judicial) of this Court. 7.
Civil Application is disposed off.
(ABHAY S. WAGHWASE, J.) Tandale