Kashinath Dattu Mohite v. The State Of Maharashtra Through The Collector, Osmanabad And ORS
2024:BHC-AUG:22857 1 930-CA-8581-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 8581 OF 2024 IN FA/2045/2015 HANUMANT AMBADAS MADAKE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
AND CIVIL APPLICATION NO. 8580 OF 2024 IN FA/2043/2015 KASHINATH DATTU MOHITE
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
AND CIVIL APPLICATION NO. 8579 OF 2024 IN FA/2044/2015 ANURADHABAI HANUMANTRAO GHARGE (SINCE DIED) THR LRS. RANJEET HANUMANT GHARGE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS ...
Mr. Revan P. Bhumkar, Advocate for Applicant Mr. R.B. Dhaware, AGP for Respondents/State ...
CORAM : NITIN B. SURYAWANSHI, J.
DATE : 27th SEPTEMBER, 2024 PER COURT :
1.
These applications are filed seeking modification of the order dated 28/01/2019, whereby applicants/claimants were permitted to withdraw 50% of the deposited amount on submitting undertaking to the satisfaction of Registrar of this court and 25% SVH
2 930-CA-8581-24.odt amount on furnishing bank guarantee of any nationalized bank of equal amount.
2.
Learned advocate for applicants submit that they being poor agriculturists are not in a position to furnish bank guarantee. Hence, they may be permitted to withdraw the amount on furnishing solvent surety/security, instead of bank guarantee. 3.
Learned AGP opposed the application contending that this Court has rightly directed applicants to furnish bank guarantee. No case is made out by applicants to modify the said condition. 4.
Considering the averments made in the applications, the same are allowed. Applicants are permitted to withdraw 25% of the amount of compensation by furnishing solvent surety / security to the satisfaction of the Registrar (Judicial) of this Court. (NITIN B. SURYAWANSHI, J.) SVH