Nagnath Govind Reddy Died Thr Lrs Vandanabai And ORS. v. The State Of Maharashtra, Through The Collector, Osmanabad

2025:BHC-AUG:31559 26 CA 12157 25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 26 CIVIL APPLICATION NO. 12157 OF 2025 IN FA/20/2024 NAGNATH GOVIND REDDY DIED THR LRS VANDANABAI AND ORS.

VERSUS

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

Advocate for Applicant : Mr. Patil Laxmikant C. AGP for Respondent nos. 1 & 2 : Mrs. M.N. Ghanekar Advocate for Respondent No. 3 : Mr. U.S. Malte ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 14.11.2025 PER COURT :

Heard both sides.

2.

The applicants seek to withdraw amount of Rs. 53,68,889/- deposited by the respondent-Acquiring Body, placing reliance on earlier order of coordinate bench in First Appeal No. 2624/021 dated 11.07.2024. 3.

Learned counsel Mr. Malte brings to my notice that enhancement in the present matter is near about 30 times, which is not only unreasonable but arbitrary. It is submitted that acquiring body has every hope of success in the appeal.

4.

In earlier matter 75% of the amount was directed to be deposited and out of that 60% was permitted to be withdrawn. In the present matter also only 75% of the amount is deposited. Ends of justice would be made in permitting the applicants to receive 50% of the deposited amount with accrued interest on furnishing undertaking and 25% of the deposited amount with accrued interest on furnishing solvent surety to the satisfaction of the Registrar (Judicial) of this Court.

( SHAILESH P. BRAHME, J.) mkd/- 1/1