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Bombay High CourtCA/10815/2025admittedallowedgrantedrule absolute

Prakash Sadkharam Satbhaye v. The State Of Maharashtra Through Collector And Others

2025-09-30Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:27510 ( 1 ) ca10779.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 962 CIVIL APPLICATION NO. 10779 OF 2025 IN FA/2667/2025 SHOBHA SUKHDEO MHASKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND ANR. AND 963 CIVIL APPLICATION NO. 10782 OF 2025 IN FA/2253/2024 RAOSAHEB SHESHRAO SATBHAYE DIED THROUGH LRS PARVATABAI AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND ORS AND 967 CIVIL APPLICATION NO. 10813 OF 2025 IN FA/2668/2025 SUBHASH BAPURAO MHASKE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND 968 CIVIL APPLICATION NO. 10815 OF 2025 IN FA/1961/2024 PRAKASH SADKHARAM SATBHAYE

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR AND OTHERS Mr. Abhijit B. Kale, Advocate for the applicants. Ms.Chaitali Choudhari Kutti, Ms. R.R. Tandale, Mr. R.B. Dhaware, AGPs for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 30.09.2025 PC :- 01.

Heard learned Advocates for the parties. These Civil Applications are filed for withdrawal of the amount deposited by the Acquiring Body-appellant in the office of this Court along with interest as per the judgment and award. The learned Advocate for the applicants relies upon order dated 26.04.2024, passed by this Court in C.A. No.1465 of 2024 in FAST No. 27708 of 2023. Said Civil Applications are arising out of the same acquisition proceeding.

( 2 ) ca10779.25 02.

Considering the above, following order :- i) The Civil Applications are partly allowed.

ii) The applicants are allowed to withdraw 75% of the amount deposited in this Court with accrued interest. 50% of the amount is permitted to be withdrawn on furnishing usual undertaking, 25% of the amount shall be released on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. Remaining 25% of the amount shall be invested in the fixed deposit of any nationalized bank, to be renewed from time to time till disposal of the appeal. [KISHORE C. SANT, J.] snk/2025/Sep25/ca10779.25