Vidarbha Irrigation Devp. ... vs Datuji Nathu Bhujbhuje And Others
2021 Latest Caselaw 15098 Bom

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                       IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                  NAGPUR BENCH, NAGPUR

        CIVIL APPLICATION (CAF) NO.2005/2021 IN FA NO.396/2017 (D)
          Vidarbha Irrigation Development Corporation, District Yavatmal
                                       ..vs..
                         Dattuji Nathuji Bhajbhuje and ors

...................................................................................................................................................................
Office Notes, Office Memoranda of Coram,
appearances, Court orders or directions                                                        Court's or Judge's Order
and Registrar's orders
...................................................................................................................................................................
                                 Shri R.D.Hajare, Counsel for Applicant/Respondent No.1.
                                 Shri J.B.Kasat, Counsel for the Appellant.
                                 Mrs.T.H.Udeshi, AGP for Respondent Nos.2 and 3.

                                                           CORAM                    : V.M.DESHPANDE, J.
                                                           DATED                    : OCTOBER 20, 2021


                               1.                          Heard.
                               2.                          This is an application for withdrawal of amount.
                               The application is filed in decided First Appeal No.396/2017.
                               The said application is filed by respondent No.1 Dattuji
                               Nathuji Bhajbhuje.                             He is represented by learned counsel
                               Shri R.D.Hajare. The appellant is represented by learned
                               counsel Shri J.B.Kasat and respondent Nos.2 and 3/State of
                               Maharashtra and the Special Land Acquisition Officer are
                               represented by learned Assistant Government Pleader
                               Mrs.T.H.Udeshi.
                               3.                          The first appeal was filed by VIDC, Yavatmal
                               challenging judgment and decree dated 16.10.2014 passed
                               by learned Civil Judge Senior Division, Yavatmal in Land
                               Acquisition Case No.157/2006.


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        4.                The first appeal filed by the VIDC was partly
        allowed by this Court (Coram : M.G.Giratkar, J.) on
        5.3.2020.
        5.                It is an admitted position that on 26.4.2017 the
        VIDC deposited amount Rs.3,44,124/-. In view of allowing
        of the first appeal partly filed by the VIDC, there is no
        dispute amongst the VIDC as well as respondent No.1 that
        the VIDC has deposited excess amount Rs.1,07,736/-. It is
        also not disputed by the VIDC that the claimant is entitled to
        receive Rs.2,36,388/-.
        6.                In view of the aforesaid admitted position, this
        application can be disposed of with following direction:-
                                         ORDER

(1) The civil application is allowed. (2) Respondent No.1 Dattuji Nathuji Bhajbhuje is entitled to receive Rs.2,36,388/- along with interest from the amount deposited by the VIDC, Yavatmal before this Court. (3) The VIDC, Yavatmal is entitled to receive back Rs.1,07,736/- along with interest from and out of total amount deposited by the VIDC before this Court.

The civil application stands disposed of accordingly.

JUDGE !! BRW !!

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