The State Of Maharashtra, Through The Collector, Chandrapur And Another v. Mahadeo S/O Sharwan Khiratkar (Dead), Thr. L.Rs. Kamini Shrawan Khiratkar And 6 Others

22 caf1443.19.odt 1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CIVIL APPLICATION (CAF) NO. 1443/2019 IN REJECTED FIRST APPEAL NO. 59/2012 (DECIDED) The State of Maharashtra, through the Collector, Chandrapur, Tah. & Dist. Chandrapur and another.

Vs.

Mahadeo s/o Sharwan Khiratkar (dead) through Lrs. Kamini Sharwan Khiratkar and others.

--------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

--------------------------------------------------------------------------------------------------------------------------------- Shri M.A. Kadu, AGP for appellant.

Ms Kirti Satpute, learned counsel for the respondent Nos. 2 to 5 and 7. CORAM: ARUN D. UPADHYE , J.

DATE: 22/04/2019.

Heard learned counsel for the respondent Nos. 2 to 5 and 7 as well as learned counsel for the appellant. It is submitted that the appellants have deposited the amount of Rs. 1,50,002/-. The appeal is dismissed in default.

The learned counsel for the appellants have no objection for withdrawal of the amount. It is submitted by the learned counsel for the appellant that other connected appeals are already withdrawn by the State as it were come within four times of the amount granted by Land Acquisition Officer. The present matter is also comes within four times.

22 caf1443.19.odt 2 Considering the Government Resolution, there is no possibility of restoration of this appeal. The respondent Nos. 2 to 5 and 7 are permitted to withdraw the amount with accrued interest in equal proportion.

Civil Application is allowed.

JUDGE rkn