Bhaurao @ Dattatraya S/O Kishanrao @Krishna Jadhav And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 124 CIVIL APPLICATION NO.11422 OF 2023 IN FIRST APPEAL NO.1392 OF 2022 BHAURAO @ DATTATRAYA S/O KISHANRAO @KRISHNA JADHAV & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the applicants : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent no.3 : Mr.S.B.Patil ...

WITH 124 CIVIL APPLICATION NO.6968 OF 2022 IN FIRST APPEAL NO.1392 OF 2022 THE EXECUTIVE ENGINEER IRRIGATION CONSTRUCTION DIVISION

VERSUS

BHAURAO @ DATTATRAYA S/O KISHANRAO @KRISHNA JADHAV & OTHERS ...

Advocate for the applicant : Mr.S.B.Patil Advocate for the respondent nos.1 to 3 : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat ...

WITH 124 FIRST APPEAL NO.1392 OF 2022 THE EXECUTIVE ENGINEER IRRIGATION CONSTRUCTION DIVISION

VERSUS

BHAURAO @ DATTATRAYA S/O KISHANRAO @KRISHNA JADHAV & OTHERS

...

Advocate for the appellant : Mr.S.B.Patil Advocate for the respondent nos.1 to 3 : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 1] The present Civil Application is filed to withdraw the amount deposited by the acquiring body in this Court.

2] The First Appeal is filed by the acquiring body and the entire amount of compensation is deposited by the acquiring body along with interest accrued thereon. 3] In view of the same, the applicants are permitted to withdraw 75% of the total amount of compensation along with accrued interest thereon till date on usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR STAY The appellant has deposited entire amount of compensation. The earlier stay granted by this Court is confirmed. Civil Application is disposed of accordingly. C] ORDER IN FIRST APPEAL 1] Heard. First Appeal is admitted.

2] On admission, the learned AGP waives notice for the respondent nos.4 and 5. Mr.L.C.Patil, learned counsel waives notice for respondent nos.1 to 3. 3] Office objections, if any, to be removed within four weeks.

4] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC