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Bombay High CourtCAF/1760/2021ca disposed off

Saurabh S/O Shrikant Deshmukh And Others v. State Of Maharashtra Through Collector, Akola And Others

2022-09-08Hon'Ble Smt. Justice M. S. Jawalkar2 pages

1 32caf1760.21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR CIVIL APPLICATION [CAF] NO.1760 OF 2021 IN FIRST APPEAL NO.360 OF 2021 [Saurabh s/o Shrikant Deshmukh and others .vs. State of Maharashtra and others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri D.R. Khapre, Advocate for applicants-appellants, Shri M.A. Kadu, Advocate for respondent nos.3 and 4. ..........

C ORAM : SMT. M.S. JAWALKAR, J.

D ATE : 08/09/2022 .

Present application is filed by the appellants for direction to respondent nos.3 and 4 to deposit enhanced amount of compensation.

2.

Learned counsel for the appellants in First Appeal No.390/2022 is going to file pursis by which it is informed that the amount is already deposited on 01.09.2022 before the Reference Court.

3.

In view of this submission, nothing survives in this application and no directions are required to be issued to respondent nos.3 and 4.

4.

The appellants are permitted to withdraw 75% of amount deposited before the Reference Court. Out of which, 50% of amount shall be withdrawn on

2 32caf1760.21.odt furnishing usual undertaking and 25% of amount on furnishing solvent surety to the satisfaction of Authority within four weeks as to effect that if appellants succeeds in the matter, they will refund the amount as per final order which will be passed in pending first appeal. 5.

The Registry of Presiding Officer, Land Acquisition Rehabilitation and Resettlement Tribunal/Authority, Nagpur is hereby directed to disburse the amount in favour of the appellants herein. Application is disposed of.

F IRST APPEAL NO.3 OF 2021 Heard.

Admit List the matter as per its turn.

[Smt. M.S. Jawalkar, J.] Gulande Signed By:ABHIMANYU SHANKARRAO GULANDE Personal Assistant High Court Nagpur