Shaikh Mahebub Bandagi (Died) Through Lrs Murtaja Mahebub Patel And Others v. The State Of Maharashtra Through The District Collector, Osmanabad And Others

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.12794 OF 2021 IN FIRST APPEAL NO.2127 OF 2015 Shaikh Mahebub Bandagi, Died L.Rs.

Murtaja Mahebub Patel & ors.

... APPLICANTS

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Ms L.R. Thakur, Advocate holding for Mr. L.C. Patil, Advocate for applicants Mr. Y.G. Gujarathi, A.G.P. for respondents No.1 and 2 .......

AND CA NO.12795/2021 IN FIRST APPEAL NO.2122/2015 . . . . . .

CORAM :

R. G. AVACHAT, J.

DATE :

14th DECEMBER, 2021 PER COURT :

Heard. Interest is said to have been granted from the date of possession and not from the date of award. The same is in breach of the observations made by Full Bench judgment of this Court in case of State of Maharashtra Vs. Kailash Shiva Rangari [2016 (3) Mh.L.J. 457]. In the fitness of things, the applicants are permitted to withdraw 75% of the amount in deposit on furnishing usual undertaking. Civil Applications are disposed of.

( R. G. AVACHAT ) JUDGE fmp/-