Machindra Kondiba Kute Died Lrs 1 Dadahari M Kute Died Lrs 1 1 Baisakhu Dadahari Kute And ORS v. The State Of Maharashtra Through The Collector And ORS

66-CA.691-26.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 CIVIL APPLICATION NO. 691 OF 2026 IN FAST/11164/2023 MACHINDRA KONDIBA KUTE DIED LRS 1 DADAHARI M KUTE DIED LRS 1 BAISAKHU DADAHARI KUTE AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND ORS WITH CIVIL APPLICATION NO. 4599 OF 2023 IN FAST/11164/2023 WITH CIVIL APPLICATION NO. 4600 OF 2023 IN FAST/11164/2023 ...

Advocate for Applicants: Ms. Mrunal Andhare h/f Mr. Ajeet Babanrao Kale AGP for Respondent/s-State : Mr. N. D. Raje.

Advocate for Respondent No.3 : Mr. Ruturaj C. Patil. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 19.01.2026 PER COURT :- 1.

Applicants seek to condone delay of 1910 days in preferring first appeal.

2.

The delay is unintentional. It has repercussions on public exchequer. The delay stands condoned. Civil application is allowed.

Civil Application for Withdrawal 3.

Applicants seek to withdraw amount of Rs.6,23,097/- deposited by the acquiring body. In similarly situated matters,

66-CA.691-26.odt this Court permitted the claimants to receive 75% of the amount on furnishing undertaking.

4.

Civil application is allowed partly permitting the applicants to receive 75% of the amount with accrued interest on furnishing undertaking.

5.

Balance amount shall be invested in any nationalize bank.

First Appeal 6.

Admit.

7.

Learned AGP waives service of notice for respondentsState. 8.

Call for Record and Proceedings from the concerned Court.

9.

Print is dispensed with.

Civil Application for Stay 10.

As the amount has been deposited in pursuance of the earlier order, ad-interim relief granted earlier shall stand confirm.

11.

Civil application is disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-