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Bombay High CourtCA/6193/2023admittedallowedgrantedrule absolute

Bhagwan Gundiba Sulakhe (Died) Thr Lrs Dnyandev And ORS v. The State Of Maharashtra Through Collector, Osmanabad And Others

2025-10-16Hon'Ble Shri Justice Shailesh P. Brahme2 pages

2025:BHC-AUG:29539 1 21 ca 6193.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6193 OF 2023 IN FIRST APPEAL NO. 192 OF 2019 Bhagwan Gundiba Salakhe Since deceased through L.Rs.

Dnyandev and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Shri Prashant K. Deshmukh, Advocate for the Applicants. Shri B. A. Shinde, A.G.P. for the Respondent Nos. 1 and 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 16TH OCTOBER, 2025.

FINAL ORDER :

.

Nobody has caused appearance for the respondent No. 3, which is a acquiring body and having impaneled lawyers. Applicants are seeking directions for depositing balance amount of Rs. 1,14,643/- in pursuance to the direction to deposit entire amount. They are also seeking direction to disburse the amount already deposited with this Court.

2.

Learned Assistant Government Pleader opposes the application. It is contended that already applicants were permitted to withdraw the amount. The respondent No. 3 is not responding the notices of this Court. Instead of depositing 100%

2 21 ca 6193.23 amount of compensation only 75% amount is deposited, albeit, the applicants were permitted to withdraw the amount. The conduct of the respondent No. 3 is deprecated. The respondent No. 3 shall deposit balance 25% of the amount with accrued interest.

3.

The applicants shall be permitted to receive Rs. 2,00,000/- (Rs. Two lakhs only) on furnishing solvent security/surety to the satisfaction of the Registrar (Judicial). The civil application is disposed of.

[ SHAILESH P. BRAHME J. ] bsb/Oct. 25