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Bombay High CourtCA/10419/2025admittedallowedgrantedrule absolute

Ramkishan Dnyanoba Sanap And ORS v. Union Of India Through General Manager And ORS

2025-09-24Hon'Ble Shri Justice Ajit B. Kadethankar2 pages

2025:BHC-AUG:26688 968-ca-10419-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10419 OF 2025 IN FA/1644/2025 Ramkishan Dnyanoba Sanap And Ors

VERSUS

Union Of India Through General Manager And Ors ...

Mr. S. R. Shirasath, Advocate for Applicants Mr. A. G. Talhar, Advocate for Respondent nos.1 and 2 .....

CORAM : AJIT B. KADETHANKAR.

DATED : 24TH SEPTEMBER, 2025 ORDER :- .

This application is filed by the claimants seeking permission to withdraw the award amount deposited by the appellant/Union of India Thr. General Manager, Railway Department in this Court.

2.

Mr. S. R. Shirsath, learned Advocate for the applicants places reliance on order passed by this Court on 18.08.2025 in Civil Application No.6823 of 2025 in First Appeal No.1643 of 2025 (order is taken on record and marked as 'X' for identification). He would submit that in the cited matter, this Court has permitted the applicant therein to withdraw the entire amount deposited by the appellant i.e Union of India. 3.

Mr. S. R. Shirsath, learned Advocate would further submit that the land acquisition proceeding and land acquisition notification/award in the cited case is the same

968-ca-10419-2025 which is a subject matter of present appeal. Mr. Shirsath would submit that the ground of appeal raised in the cited matter as well as in the present matter is also the same. He further submits that the order dated 18.08.2025 granting withdrawal of entire amount was passed by this Court after hearing both the parties. In view of this, he prays to allow the Civil Application for withdrawal of amount.

4.

Mr. A. G. Talhar, learned Deputy Solicitor General of India representing the appellant fairly agrees with the submissions which Mr. S. R. Shirsath, learned Advocate has made on facts.

5.

In view of this, I pass following order:

ORDER

a.

Civil Application stands allowed.

b.

Applicants are permitted to withdraw entire deposited amount together with interest accrued thereon by furnishing usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court.

c.

Civil Application stands disposed of.

( AJIT B. KADETHANKAR, J. ) Rushikesh/2025