Sushil S/O Saubhagchand Bora v. The Collector, Yavatmal Through The State Of Maharashtra And Others

1 34caw2840.2025..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, AT NAGPUR.

CIVIL APPLICATION (CAF) NO. 2840 OF 2025 IN FIRST APPEAL NO. 171 OF 2020 (Sushil s/o Sobhagchand Bora Vs. The Collector, Yavatmal and ors) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr. Gunjan Kothanri with Mr. M.M. Agnihotri, Advocate for the appellant. Ms. A.S. Athalye, Advocate for respondent Nos. 2 and 4. Mr. Kadu, AGP for respondent Nos. 1 and 3.

CORAM : ABHAY J. MANTRI, J.

DATED : 06-08-2025 Heard.

2.

The applicant/appellant has filed this application to permit him to withdraw the amount deposited by respondent Nos. 2 and 4 in this Court, for which learned counsel for respondent Nos. 2 and 4 has objected.

3.

Learned counsel for the applicant has submitted that respondent Nos. 2 and 4 have accepted the rate awarded by the learned Reference Court by making payments to similarly situated claimants arising out of the same acquisition proceedings. The said fact is not disputed by learned counsel for respondent Nos. 2 and 4.

4.

Having considered the reasons disclosed in the application and the facts above, I deem it appropriate to allow the application. As such, the application is allowed as prayed. 5.

Applicant is permitted to withdraw the amount deposited by respondent Nos. 2 and 4 along with accrued interest thereon, on his furnishing the usual undertaking and bank account details to the Registry.

2 34caw2840.2025..odt 6.

The Registrar (J) is directed to transmit the said amount along with interest accrued thereon in the bank account of the applicant on his furnishing an undertaking and bank account details, within six weeks.

(ABHAY J. MANTRI, J.) Belkhede