Ratnabai Narayan Phule vs The State Of Maharashtra And Anr
2021 Latest Caselaw 6284 Bom

                                      1                         972-CA-4407-21.odt



              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                      CIVIL APPLICATION NO.4407 OF 2021
                              IN FAST/23186/2017

                           MAHADU SOPAN PHULE
                                  VERSUS
                 THE STATE OF MAHARASHTRA AND ANOTHER
                                      ...
                   Advocate for Applicant : Mr. V. D. Gunale
                 AGP for Respondent No.1 : Mr. Y. G. Gujrathi
                Advocate for Respondent No.2 : Mr. S. C. Arora
                                      ...
                  WITH CA/4408/2021 IN FAST/23284/2017
                                      ...

                                       CORAM : ANIL S. KILOR, J.
                                        DATE : 8th APRIL, 2021
PER COURT :-


        The present applications are moved by the applicants-
original claimants seeking permission for withdrawal of the
amount deposited by the appellant-Acquiring Body in pursuance
of the Judgment and Award dated 13-03-2012 passed by the 4 th
Joint Civil Judge, Senior Division, Latur, in Land Acquisition
References No. 684 and 683 of 2000.


2.      I have heard learned counsels for the respective parties.


3.      Mr. Gunale, learned counsel for the applicants-original
claimants submits that applicants have no source of income and
they are in dire need of money.           He further submits that the
appellant-Acquiring Body has deposited the entire amount under
Award pursuant to order passed by the Reference Court. Hence,
he prayed that the applicants be permitted to withdraw the
decreetal amount deposited by the appellant in this Court.




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4.      On the other hand, Mr. Arora, learned counsel for the
respondent No.2 Acquiring Body and learned AGP for respondent
No.1 strongly oppose the applications, orally.


5.      After going through the impugned Judgments and Awards
and after considering the rival contentions of the parties, at this
stage, I am of the opinion that the justice would be subserved, if
the applicants are permitted to withdraw 50% of the total
amount deposited by the appellant-Acquiring Body; on furnishing
undertaking to the satisfaction of the Registrar (Judicial) of this
Court.


6.      In the circumstances, I pass the following order :-


                               ORDER

(i) The civil applications are partly allowed.

(ii) The applicants-claimants are permitted to withdraw 50% of the total amount deposited in this Court on furnishing undertaking that in case the appellant - Acquiring Body succeeds in the present appeals, the applicants would pay back / redeposit the said amount as directed by this Court within stipulated period.

7. Civil Application stands disposed of accordingly.

( ANIL S. KILOR ) JUDGE mtk