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Bombay High CourtCA/12944/2024disposed off

Vaijinath Jijaba Batule v. The State Of Maharashtra And Others

2025-07-17Hon'Ble Shri Justice Manish Pitale,Hon'Ble Shri Justice Y. G. Khobragade2 pages

2025:BHC-AUG:18695-DB 935 CA NO. 12944 OF 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 12944 OF 2024 IN WRIT PETITION NO. 8766 OF 2019 Vaijinath Jijaba Batule

VERSUS

The State Of Maharashtra And Others ...

WITH WRIT PETITION NO. 8766 OF 2019 ...

• Mr. Shelke Manoj Uttamrao, Advocate for Applicant • Ms. N. B. Kamble, AGP for Respondents/State ...

CORAM

:

MANISH PITALE AND Y. G. KHOBRAGADE, JJ.

DATE : 17.07.2025 PER COURT :

1.

By this application, the applicant seeks permission to withdraw the amount of compensation deposited by the respondents, as per EStatement of the award dated 21.06.2018, to the extent of his share. 2.

On earlier occasions, similar applications were filed by other identically situated applicants, and this Court has passed similar orders granting such permission to withdraw amount. Attention of this Court is invited to the orders dated 11.04.2022, 02.02.2024 and 26.04.2024 passed by this Court in these proceedings. Jhs/ 1/2

935 CA NO. 12944 OF 2024 3.

The relevant portion of the order dated 26.04.2024 reads as follows:- "In view of the above, we refer to paragraph Nos. 2 and 3 of our order dated 11.04.2022, passed in WP No.8766/2019 and apply the same conditions to these Applications with reference to the withdrawal of the amounts. The Civil Application is allowed. Needless to state, these Applicants would be identified by the learned Advocate and copies of their Aadhar card/ election ID card, shall be placed on record." 4.

In view of the above, we allow this application by applying the same conditions as have been imposed upon other identically situated applicants. The conditions, as specified in the order dated 11.04.2022 are made applicable, and the applicant undertakes to abide by the said conditions.

5.

In view of the above, the Civil Application is allowed, subject to the aforesaid observations. The applicant shall furnish the details of his bank account, and the registry shall accordingly disburse the amount in the account of the applicant.

6.

Liberty is granted to the respondent - State to file an appropriate application for withdrawal of amount towards carrying out measurements and other charges.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) Jhs/ 2/2