Rafik S/O Vajiroddin Sayyad vs The State Of Maharashtra Through ...
2024 Latest Caselaw 1629 Bom

Bombay High Court

Rafik S/O Vajiroddin Sayyad vs The State Of Maharashtra Through ... on 19 January, 2024

                                   1         Sr. No. 71 C.A. No. 539-2024.odt




          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

            71. CIVIL APPLICATION NO. 539 OF 2024
                              IN
                    FIRST APPEAL/2729/2023

               RAFIK S/O VAJIRODDIN SAYYAD
                          VERSUS
     THE STATE OF MAHARASHTRA THROUGH COLLECTOR
                       OSMANABAD

                            WITH
              CIVIL APPLICATION NO. 5101 OF 2023
                             IN
                 FIRST APPEAL No. 2729 OF 2023

     THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT
             STRENGTHNING DIVISION OMERGA
                         VERSUS
                RAFIK VAJIRODDIN SAYYAD
                                .....
            Advocate for Applicant : Mr. L. C. Patil
            A.G.P for Respondent Nos. 1 and 2 : Mr. A. S. Shinde
            Advocate for Respondent No.3 : Mr. V. P. Narwade
                               ....

                              CORAM : S. G. MEHARE, J.
                              DATE : 19.01.2024

ORDER :

1. Heard the learned counsel for the applicant and the learned

counsel for the appellant/Acquiring Body.

2. In similarly situated case this Court by order on 31 st October

2023 allowed the applicant to withdraw the amount. Hence, the order.

ORDER

(i) The application is partly allowed.

(ii) Applicants are allowed to withdraw 75% of the total amount of compensation. 50% amount be released on the usual undertaking to the satisfaction of the learned Registrar (Judicial) of this Court and 25% on furnishing solvent surety/security to the satisfaction of the leanred Registrar ( Judicial) of this Court. The remaining amount be kept in fixed deposit in any Nationalized Bank on the yearly renewal basis.

CIVIL APPLICATION NO. 5101 OF 2023 IN F.A.S.T. 2729 OF 2023 (STAY)

3. The applicants have moved this application for stay to the

impugned judgment and award.

4. Heard the learned counsel for the applicants and the learned

counsel for the respondents.

5. The learned counsel for the applicant submitted that the entire

amount of compensation has been deposited. Hence, the impugned

award may be stayed. Hence, the following order :-

ORDER

(i) The application is allowed.

(ii) The office is directed to register the appeals.

(iii) The implementation, effect and operation of the impugned

award is stayed till the conclusion of the appeals.

6. Issue notice to the respondents after admission. The learned

A.G.P waives service of notice for respondent State.

7. The learned counsel Mr. L. C. Patil waives service of notice for

the respondent.

8. Call record and proceedings.

9. List the matter in due course.

( S. G. MEHARE ) JUDGE

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