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Bombay High CourtCA/16643/2022disposed off

Sahebrao Rajaram More Died Thr Lrs Nagnath Sahebrao More And Others v. The State Of Maharashtra Through Collector, Latur And Another

2023-02-17Hon'Ble Shri Justice Sandipkumar C. More2 pages

1 906 ca 16643-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 906 CIVIL APPLICATION NO.16643 OF 2022 IN FA/1020/2017 SAHEBRAO RAJARAM MORE DIED THR LRS NAGNATH SAHEBRAO MORE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH COLLECTOR, LATUR ANDANOTHER ...

Advocate for Applicants : Mr. B. K. Pawar AGP for Respondent No.1: Mr. S. W. Mundhe Advocate for Respondent No.2 : Mr. M. G. Kolse ....

CORAM :

SANDIPKUMAR C. MORE, J.

DATED : 17/02/2023.

P. C. :

1.

Leave to correct the title clause in view of the objections raised in offce note.

2.

Heard rival submissions.

3.

Applicants are seeking direction to transfer the amount of compensation deposited in this court, which is allowed to be withdrawn by them under order dated 02/12/2021 to the concerned reference court i.e. CJSD, Ahmedpur, District Latur. The applicants belong to different families and it would be convenient for them to withdraw the amount from concerned reference court. The learned counsel for the acquiring body did not raise any strong objection for such transfer, but prayed for investment of remaining amount in any nationalized bank.

4.

Admittedly, this court had permitted these applicants to withdraw 50% of the deposited amount of compensation under

2 906 ca 16643-22 order dated 02/12/2021. In view of the same, the aforesaid 50% amount be transferred to the concerned reference court i.e. Civil Judge (S.D.) Ahmedpur, District: Latur alongwith the proportionate interest accrued thereon till date in LAR No. 287 of 2008. 5.

After such transfer, the applicants are at liberty to withdraw the same by furnishing undertaking to the satisfaction of the learned reference court.

6.

The remaining amount of compensation be invested in FDR in any nationalized bank on yearly renewal basis till disposal of this appeal.

7.

Application is accordingly disposed of.

( SANDIPKUMAR C. MORE, J. ) VS Maind/-