Chandrabhagabai Ramchandra Kolhe Died Through Lrs Venkat And ORS v. The State Of Maharashtra And ORS

2025:BHC-AUG:28609 1 919-CA 10540-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 10540 OF 2025 IN FAST/30143/2023 Rukmoddin S/o Babansab Tamboli (Died) Through L.Rs. Hamidabi And Others .. Applicants AND CIVIL APPLICATION NO. 10542 OF 2025 IN FAST/30146/2023 Pandharinath Gnayana Gyana Chewale (Died) Through L.Rs. Vishwanath And Others .. Applicants AND CIVIL APPLICATION NO. 10532 OF 2025 IN FAST/30153/2023 Chandrabhagabai Ramchandra Kolhe (Died) Through L.Rs. Venkat And Others .. Applicants

2 919-CA 10540-2025.odt AND CIVIL APPLICATION NO. 10533 OF 2025 IN FAST/31135/2023 Nivratti Shivba Kolhe (Died) Through L.Rs. Kalba And Others .. Applicants AND CIVIL APPLICATION NO. 10530 OF 2025 IN FAST/30124/2023 Sandipan Venkat Kandakure (Died) Through L.Rs. Jayashri And Others .. Applicants AND CIVIL APPLICATION NO. 10537 OF 2025 IN FAST/30165/2023 Bhaguram Hariba Kolhe (Died) Through L.Rs. Kushavarta (Died) Through L.Rs. Babruwan And Others .. Applicants

3 919-CA 10540-2025.odt CORAM : KISHORE C. SANT, J.

DATE : 09th OCTOBER, 2025.

PER COURT :- 1.

Heard.

2.

These applications are for withdrawal of the amount deposited by the appellant in appeal in the office of this Court. The applicants are the original claimants whose lands are acquired. The amount is towards enhanced compensation as enhanced by the learned Reference Court.

3.

The learned advocate Mr. Patil submits that, in other matters arising out of the same acquisition proceedings this Court has allowed 100% withdrawal by order dated 25.09.2025 in Civil Application No. 10541/2025 in First Appeal (Stamp) No. 30146/2023 alongwith other eight civil applications. There is no dispute about the said order.

4 919-CA 10540-2025.odt 4.

The learned advocate for the acquiring body also accepts that the orders are passed in the proceedings arising out of the same acquisition proceedings.

5.

Considering above, following order :

ORDER

(I) The civil applications are allowed.

(II) The applicants are permitted to withdraw 50% of the deposited amount alongwith accrued interest on furnishing usual undertaking. Remaining 50% of the amount alongwith accrued interest is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

(III) With this, the civil applications stand disposed of. ( KISHORE C. SANT, J. ) P.S.B.