Laxman Ganpati More v. The Godavari Marathwada Irrigation Development Corporation Through Its Ex Engineer Latur And Anothe

(1) C. A. No. 15762 of 2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Civil Application No. 15762 of 2015 (In First Appeal No. 3019 of 2015) Laxman s/o. Ganpati More, Aged : 40 years, Occupation : Agriculture, R/o. Khopegaon, Taluka & District : Latur.

.. Applicant.

versus

1. The Godavari Marathwada Irrigation Development Corporation, through its Executive Engineer, Minor Irrigation Division, Latur.

2. The State of Maharashtra, Through the Collector, Latur.

.. Non-applicants.

.........................

Mrs. P.G. Sontakke, Advocate, for the applicant. Mr. S.G. Sangle, Advocate, for non-applicant no.1. Mr. N.B. Patil, Assistant Government Pleader, for non-applicant no.2.

..........................

CORAM : A.M. BADAR, J.

DATE : 18TH DECEMBER 2015 PER COURT :

1.

This is an application for withdrawal of amount of compensation deposited in this Court.

(2) C. A. No. 15762 of 2015 2.

Heard the learned Counsel appearing for the applicant as well as the learned Counsel appearing for non-applicant no.1 (Appellant in FA) and the learned Asst. Government Pleader appearing for non-applicant no.2 - State.

3.

Both the learned Counsel have unanimously stated that Civil Application No. 12828 of 2015 (In First Appeal No. 1562 of 2015) and other connected Civil Applications are disposed of by this Court by order dated 16th October 2015, by permitting 100 % withdrawal of amount. 4.

Hence, I pass the following order :- Applicant - claimant is permitted to withdraw 50 % amount of compensation. The applicant is further allowed to withdraw 25 % amount of compensation on submitting undertaking to the effect that in the event of allowing First Appeal, he shall refund entire amount within one month. The applicant is permitted to withdraw remaining 25 % amount of compensation upon furnishing indemnity to the satisfaction of the Registrar of this Court.

5.

The Civil Application is disposed of in the aforesaid terms. ( A.M. BADAR ) JUDGE ................................

puranik / CA15762.15