Gajanan Sudhakar Thakare v. The Sub Divisional Officer, Morshi, Amravati And Others

1 8. WP 157 of 2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION (CAW) NO.3035 OF 2025 IN WRIT PETITION NO.157 OF 2025 (D) GAJANAN SUDHAKAR THAKARE

VERSUS

THE SUB DIVISIONAL OFFICER, MORSHI, AMRAVATI AND OTHERS Office Notes, Office Memoranda of Coram, Appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. A.R. Ingole, Advocate for Applicant.

Mrs. M.S. Naik, AGP for Respondents-State.

CORAM : PRAFULLA S. KHUBALKAR, J.

DATED : 17th DECEMBER 2025 1.

Heard learned Advocate for the applicant.

2.

By this application, the applicant seeks grant of permission to withdraw the amount of Rs.4,94,708/-, deposited by the applicant-petitioner, in accordance with the order dated 21.01.2025, passed by this Court, in Writ Petition No.157 of 2025. 3.

It is pointed that the amount was deposited by way of 50% of the penalty amount in the proceedings under Sections 47 and 48 of the Maharashtra Land Revenue Code, initiated against the applicant-petitioner. The only reason mentioned in the application for allowing the application is that, in some other matters, this Court had directed to refund the amount to the petitioners therein. On this count, learned Advocate for the applicant prays to allow the applicant to withdraw the amount.

2 8. WP 157 of 2025.odt 4.

Learned AGP opposes the application and submits that the amount was deposited as 50% of the penalty amount and same cannot be permitted to be withdrawn.

5.

Having regard to the contents of the application and submissions advanced, it appears that the applicant has failed to make out any case for withdrawal/refund of amount at this stage. Hence, the application need not to be entertained and same is liable to be rejected.

6.

In view of the above, the civil application is rejected and disposed of accordingly.

(PRAFULLA S. KHUBALKAR, J.) asd