Hanumant Ginyani Katgave Died Thro. Lrs. Rukminibai (Died) Thr Lrs Vishwanath And ORS v. The State Of Maharashtra Thr Collector, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

918 CIVIL APPLICATION NO.1507 OF 2022 IN FA/2699/2018 WITH CA/1505/2022 IN FA/2696/2018 HANUMANT GINYANI KATGAVE DIED THRO. LRS. RUKMINIBAI (DIED) THR LRS VISHWANATH AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH COLLECTOR, OSMANABAD AND OTHERS ...

Advocate for Applicants : Mr. Ajeet B. Kale.

AGP for Respondent/State: Mr. N. T. Bhagat.

Advocate for Respondent No.3 : Mr. Vinod Patil. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

01st April, 2022.

P.C.:

.

These are the applications for withdrawal of compensation amount moved by the applicants/claimants.

Heard Mr. Kale, learned counsel for the applicants, Mr. Bhagat, learned AGP for respondent Nos. 1 and 2 and Mr. Vinod Patil, learned counsel for respondent No.3/acquiring body.

Mr. Kale, learned counsel for applicants seeks leave to place on record copy of order passed by this Court in Civil Application No.9457 of 2019 arising out of same group (Coram : Mangesh S. Patil, J.) dated 10th December, 2019. Copy of the order is taken on record and

marked as 'X' for identification.

Mr. Kale, learned counsel for applicants/claimants seeks similar relief.

Mr. Bhagat, learned AGP for respondent Nos. 1 and 2 and Mr.Vinod Patil, learned counsel for respondent No.3/acquiring body strongly opposed to allow the application.

By taking the same view, I proceed to pass the following order :

O R D E R

I.

The applications are hereby allowed as under: II.

The respective applicants/claimants are permitted to withdraw 50% of the amount of compensation on furnishing usual undertaking with the Registrar (Judicial) of this Court.

III.

The respective applicants/claimants are further permitted to withdraw 25% of the amount of compensation on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

IV.

Remaining 25% balance amount shall be invested in fixed deposit account in any Nationalized Bank initially for a period of one year with renewal clause. V.

The applications are accordingly disposed of. [ SHRIKANT D. KULKARNI, J. ] nga