Raosaheb Vyankatrao Mane (Died) Thr Lrs Suresh And ANR v. The State Of Maharashtra Through The Collector, Osmanabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

918 CIVIL APPLICATION NO. 189 OF 2025 IN FAST/20182/2021 RAOSAHEB VYANKATRAO MANE (DIED) THR LRS SURESH AND ANOTHER

VERSUS

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

Advocate for Applicant : Mr. Laxmikant C. Patil. AGP for Respondent / State: Mr. D. J. Patil.

Advocate for Respondent No.3 : Mr. Rahul A. Tambe. ...

AND CIVIL APPLICATION NO. 12261 OF 2021 IN FAST/20182/2021 AND CIVIL APPLICATION NO. 12262 OF 2021 IN FAST/20182/2021 AND CIVIL APPLICATION NO. 12263 OF 2021 IN FAST/20437/2021 AND CIVIL APPLICATION NO. 12264 OF 2021 IN FAST/20437/2021 AND CIVIL APPLICATION NO. 190 OF 2025 IN FAST/20437/2021 ...

CORAM :

SANJAY A. DESHMUKH, J.

DATE :

09th January, 2025.

P.C.:

Heard the learned counsel for the parties.

Applications for condonation of delay:

For the reasons stated in the applications, the delay stands condoned. The applications stand allowed. Appeals be registered. Applications for stay:

Since the appellant has already deposited the amount as per the impugned judgment and award, there shall be stay to the impugned judgment and award till pendency of the appeals. Both the applications stand disposed of.

Applications for withdrawal of amount:

These applications are for withdrawal of the amount deposited by the appellant in this Court. The learned counsel for the applicants placed reliance on the order dated 2nd December, 2024 passed by this Court in Civil Application No.12701 of 2024. He submits that the said proceedings are arising out of the same acquisition proceedings. The applications are opposed by the learned counsel for appellant. However, considering that this Court has already passed order in similar matters arising out of same acquisition proceedings, the following order is passed:-

O R D E R

I.

The applicants are permitted to withdraw entire amount

alongwith accrued interest deposited in this Court on furnishing usual undertaking.

II.

With this, both the civil applications for withdrawal of amount stand disposed of.

[ SANJAY A. DESHMUKH, J. ] nga