Babasaheb Bapurao Dhakane v. State Of Maharashtra Through The Collector, Osmanabad And Others

920 ca.3772.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

920 CIVIL APPLICATION NO.3772 OF 2022 IN FA/353/2017 WITH CA/2967/2022 IN FA/356/2017 WITH CA/2238/2022 IN FA/355/2017 WITH CA/2236/2022 IN FA/346/2017 WITH CA/2235/2022 IN FA/347/2017 WITH CA/2232/2022 IN FA/350/2017 WITH CA/2231/2022 IN FA/343/2017 WITH CA/2230/2022 IN FA/351/2017 WITH CA/3079/2022 IN FA/352/2017 WITH CA/3078/2022 IN FA/358/2017 WITH CA/2237/2022 IN FA/345/2017 BALAJI BHAURAO GHOGARE

VERSUS

STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicant : Mr. D. D. Sarawade Patil. AGP for Respondent/State: Mr. S. N. Morampalle. ...

CORAM :

SHRIKANT D. KULKARNI, J.

DATE :

26th April, 2022.

P.C.:

.

These are the applications for withdrawal of remaining 50% of the compensation amount lying with the Registry. Heard Mr. Sarawade Patil, learned counsel for the applicants/claimants and Mr. Morampalle, learned AGP for State/respondent Nos.1 to 3.

On the last date, this Court had directed to the learned AGP to verify the position whether this group of matters is covered by the order passed by the Honourable Supreme Court in Civil Appeal

920 ca.3772.22.odt No.2717 of 2020 (arising out of SLP (Civil) No.5084 of 2020) [Uddhav Dadarao Patil Vs. State of Maharashtra and others]. Mr. Morampalle, learned AGP is fair enough to admit that this group of matters is covered by the order passed by the Honourable Supreme Court referred above.

Certainly, the applicants/claimants are entitled to withdraw remaining 50% of the amount of compensation. However, on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court, which would protect the interest of the State. In view of the above, the following order is passed:

O R D E R

I.

The civil applications are hereby allowed.

II.

The respective applicants/claimants are hereby permitted to withdraw balance 50% amount of compensation, which is lying with the Registry, on furnishing solvent surety/security of the like amount to the satisfaction of the Registrar (Judicial) of this Court. III.

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