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Bombay High CourtCA/4604/2025admittedallowedgrantedrule absolute

Bhanudas Taterao Mane (Died) Shakuntala And ORS v. The State Of Maharashtra Through Collecotr Aurangabad

2025-04-28Hon'Ble Shri Justice Neeraj P. Dhote2 pages

52-CA-4604-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 52 CIVIL APPLICATION NO. 4604 OF 2025 IN FA/2474/2021 Bhanudas Taterao Mane (died) Shakuntala And Ors.

....Applicants

VERSUS

The State Of Maharashtra Through Collecotr Aurangabad .....Respondent .....

Mr. Patil Shashikiran N, Advocate for Applicants Mr. R. B. Dhaware, AGP for the Respondents - State Mr. A. S. Shelke, Advocate for Respondent No.3 .....

CORAM

:

NEERAJ P. DHOTE, J.

DATE :

28.04.2025 PER COURT :

1.

This is an Application for withdrawal of 75% amount deposited by the Acquiring Body in this Court along with accrued interest thereon.

2.

The learned Advocate for the Applicants / Claimants submits that, in connected Appeal, this Court, by order dated 12/04/2024, passed in Civil Application No.3625/2024 in First Appeal No.4418/2023, has allowed the Applicants / Claimants therein to withdraw the entire 75% amount along with interest accrued thereon on furnishing undertaking. He submits that, same order be passed in this Application.

3.

The learned Advocate for the Acquiring Body and the learned AGP for the Respondents - State do not dispute the aforesaid aspect.

52-CA-4604-2025.odt 4.

As after hearing both the sides and as the similarly placed Claimants are permitted to withdraw the entire 75% amount along with interest accrued thereon in connected matters, the Application is allowed in terms of Prayer Clause - 'B'. The Applicant shall furnish an undertaking to the satisfaction of the Registrar [Judicial] of this Court.

5.

Civil Application stands disposed off accordingly. [NEERAJ P. DHOTE, J.] Sameer/April-2025 Signed by: Md. Sameer Q.

Designation: PA To Honourable Judge Date: 29/04/2025 18:51:40