Lahu Narayan Patil (Deceased Through His Legal Heirs-1)Jaywant Lahu Patil And ORS. v. The State Of Maharashtra (Through The Deputy Collector) (Land Acquisition) And ORS

Digitally signed by ANANT KRISHNA NAIK Date:

2025.08.21 10:50:50 +0530 14.IA.315.2025.doc ANANT KRISHNA NAIK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 315 OF 2025 IN FIRST APPEAL NO. 126 OF 2025 Lahu Narayan Patil (deceased) through His Legal Heirs-1. Jaywant Lahu Patil & Anr. ...Applicants

IN THE MATTER BETWEEN

The State Of Maharashtra through the Deputy Collector (land Acquisition) & Anr ...Appellants Vs Lahu Narayan Patil (deceased) through His Legal Heirs-1.Jaywant Lahu Patil & Anr.

...Respondents

**** Mr. Vinayak Kumbhar i/b. Ms. A. N. Bandiwadkar for Applicants Mr. A. R. Patil, Addl. GP for the Respondent - State ****

CORAM

: M. M. SATHAYE, J.

DATED : 19th AUGUST 2025.

P.C.:

1.

This is an application by the Claimants in the Land Reference (LAR No. 133/2016) for withdrawal of the amount deposited by the AppellantState in the Reference Court. The Appellant-State has deposited Rs. 1,45,25,220/- in the Reference Court at the Raigad. 2.

Learned advocate for the Applicants submitted that they had filed Application before the Reference Court for withdrawal of the amount, which came to be rejected by order dated 06/11/2024 on the ground that adinterim stay granted by this Court is not yet vacated. 3.

Learned Addl. G.P. opposing the Application, submitted that unless the akn 1/2

14.IA.315.2025.doc amount is secured, withdrawal should not be granted as the present Appeal is pending.

4.

Learned Counsel for the Applicants states on instructions that Applicants are ready to furnish bank guarantee to cover the amount deposited and therefore the amount can be secured and the withdrawal can be permitted.

5.

Considering the statement and the nature of dispute, interim application is allowed by passing following order : (a) Applicants are permitted to withdraw the amount deposited by the State as per order of this Court dated 23/12/2021, subject to condition that the Applicants furnish bank guarantee in the Reference Court (Court of C.J.S.D., Alibag) covering the amount to be withdrawn.

(b) It is clarified that the Applicants shall be required to renew the bank guarantee from time to time during the pendency of the Appeal. (c) The Applicants shall also file an undertaking in the Reference Court that withdrawal will be subject to final outcome of the present Appeal and Applicants shall bring back the money with interest, if so directed by this Court. Necessary undertaking to be filed within a period of two weeks from today.

6.

Interim Application is disposed of in above terms. (M. M. SATHAYE, J.) akn 2/2