Bira Mahadu Pawar v. The State Of Maharashtra Through The Collector Aurangabad And ORS.

2024:BHC-AUG:18942 (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 6850 OF 2024 IN FA/2192/2020 RAMESH PUNJU NIKAM AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AURANGABAD AND ORS.

...

Mr. Hemraj P. Kshirsagar, Advocate for Applicants. Mr. K. B. Jadhavar, AGP for Respondents-State. Mr. S. G. Bhalerao, Advocate for Respondent No.3. ...

CIVIL APPLICATION NO. 5237 OF 2024 IN FA/2180/2020 CIVIL APPLICATION NO. 5243 OF 2024 IN FA/2183/2020 CIVIL APPLICATION NO. 5239 OF 2024 IN FA/2182/2020 CIVIL APPLICATION NO. 5244 OF 2024 IN FA/2191/2020 CIVIL APPLICATION NO. 5238 OF 2024 IN FA/2181/2020 CIVIL APPLICATION NO. 5232 OF 2024 IN FA/2177/2020 CIVIL APPLICATION NO. 5234 OF 2024 IN FA/2174/2020 CIVIL APPLICATION NO. 5235 OF 2024 IN FA/2150/2020

(2) CIVIL APPLICATION NO. 5236 OF 2024 IN FA/2149/2020 CIVIL APPLICATION NO. 5247 OF 2024 IN FA/2192/2020 CIVIL APPLICATION NO. 6854 OF 2024 IN FA/2180/2020 CIVIL APPLICATION NO. 7933 OF 2024 IN FA/2194/2020 CIVIL APPLICATION NO. 5249 OF 2024 IN FA/2194/2020 CIVIL APPLICATION NO. 6858 OF 2024 IN FA/2194/2020 CIVIL APPLICATION NO. 6853 OF 2024 IN FA/2183/2020 CIVIL APPLICATION NO. 6852 OF 2024 IN FA/2182/2020 CIVIL APPLICATION NO. 6851 OF 2024 IN FA/2191/2020 CIVIL APPLICATION NO. 6855 OF 2024 IN FA/2181/2020 CIVIL APPLICATION NO. 6856 OF 2024 IN FA/2177/2020 CIVIL APPLICATION NO. 6859 OF 2024 IN FA/2174/2020

(3) CIVIL APPLICATION NO. 6861 OF 2024 IN FA/2150/2020 CIVIL APPLICATION NO. 6866 OF 2024 IN FA/2149/2020 CORAM : S. G. CHAPALGAONKAR, J.

DATED : 20th AUGUST, 2024.

P.C.:- 1.

Heard Mr. Hemant Kshirsagar, learned Advocate appearing for the applicants and Mr. Bhalerao, learned Advocate appearing for Acquiring Body. This is second application seeking withdrawal of amount by claimants.

2.

Admittedly, applicants have withdrawn 50% of the amount deposited by respondent/Acquiring Body under order dated 19.07.2021. The present applications are moved for seeking withdrawal of the balance amount.

3.

The learned Advocate appearing for the applicants submits that in some of the matters arising out of same acquisition, the claimants have withdrawn 100% awarded amount. Therefore, on the ground of parity, the applicants may also be permitted to withdraw balance amount.

4.

Mr. Bhalerao, learned Advocate appearing for Acquiring Body submits that in some matters amount deposited in pursuance of Award with the Reference Court has been disbursed without notice to Acquiring Body. Thereafter, Appeals are also filed and pending.

(4) 5.

Considering the submissions advanced, the applicants can be permitted to withdraw 25% amount in addition to the amount already withdrawn on furnishing usual undertaking. Rest of amount be kept in Fixed Deposit till disposal of the Appeals. 6.

Civil Applications stand disposed of.

(S. G. CHAPALGAONKAR) JUDGE Devendra/August-2024