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Bombay High CourtCA/14818/2023admittedallowedgrantedrule absolute

Tulshriram Shankarrao Surwanshi v. The State Of Maharashtra Through The Collector Latur And ANR

2024-01-03Hon'Ble Shri Justice R. G. Avachat,Hon'Ble Shri Justice Neeraj P. Dhote2 pages

2024:BHC-AUG:91-DB 914-CA-14818-2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 14818 OF 2023 IN FA/2786/2023 Tulshriram Shankarrao Surwanshi

VERSUS

The State Of Maharashtra Through The Collector Latur And Anr ...

Mr. Kodale Vikas G., Advocate for Applicant Mrs. V. S. Choudhary, AGP for Respondents/State ...

CORAM : R.G. AVACHAT & NEERAJ P. DHOTE, JJ.

DATE : 03.01.2024 PER COURT :

1.

Heard the learned Advocate for the Applicant and the learned AGP for the Respondents/State.

2.

This is an Application for withdrawal of amount deposited by the State in this Court in First Appeal No.2786/2023. 3.

The Appeal has been preferred by the State against the Judgment and Order dated 18/01/2022, passed by the Joint Civil Judge Senior Division, Udgir, District Latur, in Land Acquisition Reference No.427/2010.

4.

Learned Advocate for the Applicant submits that the entire amount may be allowed to be withdrawn.

5.

Learned AGP opposes the prayer for withdrawal of amount.

914-CA-14818-2023.odt 6.

Considering the nature of the litigation, we are inclined to permit the Applicant to withdraw 50% of the compensation amount deposited in this Court along with accrued interest thereon, subject to usual undertaking to be furnished to the satisfaction of the Registrar [Judicial] of this Court.

7.

Application is disposed of.

(NEERAJ P. DHOTE, J.) (R.G. AVACHAT, J.) Sameer