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Bombay High CourtCA/3357/2025admittedallowedgrantedrule absolute

Balabai Arjun Karande Died Thr Lrs Vilas And ORS v. The State Of Maharashtra, Thr The Collector, Osmanabad And ORS

2025-04-08Hon'Ble Shri Justice Neeraj P. Dhote2 pages

1 947CA3357.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD.

947 CIVIL APPLICATION NO. 3357 OF 2025 IN FA/3266/2017 Balabai Arjun Karande Died Thr Lrs Vilas And Ors

VERSUS

The State Of Maharashtra, Thr The Collector, Osmanabad And Ors ...

Mr. Laxmikant C. Patil - Advocate for Applicants Mr. R. B. Dhaware - AGP for Respondent/State ...

CORAM : NEERAJ P. DHOTE, J.

DATED : 08TH APRIL 2025 PER COURT : - 1.

This is an Application by the Claimants for withdrawal of the amount deposited by the Acquiring Body.

2.

It is submitted by the learned Advocate for the Applicants that, the Appeal which was preferred by the Acquiring Body was placed before the National Lokadalat and same came to be disposed off in view of the G.R. that no Appeals should be preferred if the compensation enhanced by the learned Reference Court was within four times of the compensation awarded by the SLAO. He invites my attention to the order dated 17.03.2019 enclosed with the Application, which is passed by the panel of the Lokadalat. He submits that, since the amount is deposited in this Court and there is nothing in the said order of the SG Punde

2 947CA3357.2025.odt Lokadalat regarding withdrawal, he submits that the Application be allowed.

3.

The learned AGP appears for Respondent Nos. 1 and 2. None for Respondent No. 3.

4.

In the similar situation, this Court by order dated 05.04.2022 passed in Civil Application No. 2645 of 2021 has allowed the Claimants to withdraw the amount as the matter was settled before the Lokadalat. 5.

In view of the above, the Application is allowed in terms of prayer clause 'B'. The Applicants will have to furnish the appropriate documents to show their identity before the office. [NEERAJ P. DHOTE] JUDGE SG Punde