Sumanta Ramrao Sutare And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:29581-DB 1 902 ca 11253-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 11253 OF 2025 IN WP/10715/2014 SUMANTA RAMRAO SUTARE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

M. Wakade Ramesh I., Advocate for Applicants Mr. A. V. Lavte, AGP for Respondent-State Mr. Umesh B. Godse h/f Mr. D. K. Rajput, Advocate for Respondent ....

CORAM : SANDIPKUMAR C. MORE AND MEHROZ K. PATHAN, JJ.

DATED : 16/10/2025.

P. C. :

1.

Learned counsel for the applicants undertakes to file an additional affidavit during the course of the day. 2.

By way of this application, all these applicants are seeking withdrawal of remaining 50% amount as deposited by nonapplicant No.3- Education Officer, Primary Zilla Parishad, Chhatrapati Sambhajinagar in compliance with the order dated 01/04/2016 passed in Writ Petition No. 10715 of 2014 along with accrued interest thereon.

3.

As per the record, non-applicant No.3 - Education Officer had deposited a total amount of Rs.45,95,837/- in this Court. It is not disputed that the applicants have already withdrawn 50% of the aforesaid amount under the order dated 04/05/2017 passed by

2 902 ca 11253-25 this Court in Civil Application No. 8756 of 2016. It further appears that the remaining 50% of the amount was also permitted to be withdrawn under the order dated 09/08/2024 in Civil Application No. 2480 of 2022. However, due to certain technical difficulties, the said amount could not be withdrawn by the applicants. 4.

Now, since all earlier applications and the main petition have already been disposed of, the applicants are permitted to withdraw the remaining 50% amount of Rs.45,95,837/- in the proportion shown in the chart at page 26 along with proportionate interest accrued thereon till date, without any condition and subject to due verification.

5.

It further appears that non-applicant No.3 - Education Officer also deposited a separate amount of Rs.3,02,770/- towards salary dues in this Court on 12/05/2016. Applicant No.1, Sumanta Ramrao Sutare, has today placed on record an additional affidavit stating that the aforesaid amount of Rs.3,02,770/- may be allowed to be withdrawn by the applicants in equal proportion along with proportionate interest.

6.

The only objection raised by the office regarding withdrawal of the subsequent amount is that the applicants had not previously provided the proportionate distribution for withdrawal. However, the said clarification has now been provided through the affidavit. Therefore, all the applicants are permitted to withdraw the amount of Rs.3,02,770/- in equal proportion, along with proportionate

3 902 ca 11253-25 interest accrued thereon till date, without any condition and subject to due verification.

7.

Application is accordingly disposed of.

( MEHROZ K. PATHAN, J.) ( SANDIPKUMAR C. MORE , J. ) VS Maind/-