The Ex. Engineer, Irrigation Department Of Strengthening Div. Omerga And ORS v. Shivlal Parashuram Bandpatte

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 921 CIVIL APPLICATION NO. 7952 OF 2024 IN FIRST APPEAL NO. 341 OF 2021 WITH CIVIL APPLICATION NO. 3005 OF 2021 IN FA/341/2021 SHIVLAL PARASHURAM BANDPATTE

VERSUS

THE STATE OF MAHARASHTRA TAHROUGH THE COLLECTOR OSMANABAD AND OTHERS ...

Mr. Laxmikant C. Patil - Advocate for Applicant Mr. Rajdeep D. Raut - AGP for Respondent Nos.1 and 2, State Mr. S.G. Bhalerao h/f. Mr. V.P. Patil - Advocate for Respondent No.3 ....

CORAM : SANJAY A. DESHMUKH, J.

DATE : 22nd JANUARY, 2025 PER COURT :

CIVIL APPLICATION NO. 7952 OF 2024 1.

This is an application filed for withdrawal of the amount deposited in this Court by the acquiring body. 2.

The amount of compensation is already deposited in this Court. 3.

The applicant has produced on record a copy of the order dated 13.08.2024. In view of the same, this Court is inclined to pass the following order :

ORDER

(a) This application stands allowed and disposed of. 1/3

(b) The applicant is permitted to withdraw 50% of the amount deposited in this Court alongwith accrued interest on furnishing usual undertaking. Further, 25% of the amount alongwith accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court. The remaining amount be kept in fixed deposit in any Nationalised Bank till disposal of the appeal. (c) With this, the civil application for withdrawal of amount stands disposed of.

CIVIL APPLICATION NO. 3005 OF 2021 4.

This is an application filed for granting stay. 5.

Learned advocate for applicant and the respondents submits that, entire amount alongwith accrued interest deposited in this Court. Therefore, this application becomes infructuous and stands disposed of accordingly.

FIRST APPEAL NO. 341 OF 2021 6.

Heard.

7.

Admit.

2/3

8.

Learned A.G.P. waives service of notice for respondent Nos.1 and 2, State and learned advocate - Mr. S.G. Bhalerao holding for Mr. V.P. Patil waives service of notice for respondent No.3. 9.

Call for record and proceeding.

10.

Stand over to 5th March, 2025.

[ SANJAY A. DESHMUKH ] JUDGE 3/3