Malikarjun Madhav Deshmukh vs The State Of Maharashtra And Anr
2024 Latest Caselaw 14574 Bom

Bombay High Court

Malikarjun Madhav Deshmukh vs The State Of Maharashtra And Anr on 7 May, 2024

2024:BHC-AUG:9975
                                                                         924-withdrawal

                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  BENCH AT AURANGABAD

                              CIVIL APPLICATION NO. 6679 OF 2020
                                      IN FAST/23618/2015

                               MALIKARJUN MADHAV DESHMUKH
                                            VERSUS
                             THE STATE OF MAHARASHTRA AND ANR
                                             WITH
                              CIVIL APPLICATION NO. 6676 OF 2020
                                      IN FAST/23602/2015

                                   MOHAN RAMRAO GHONSE
                                            VERSUS
                             THE STATE OF MAHARASHTRA AND ANR
                                             WITH
                              CIVIL APPLICATION NO. 6681 OF 2020
                                      IN FAST/23630/2015

                           DIGAMBAR BHOJRAJ CHAVAN AND OTHERS
                                            VERSUS
                            THE STATE OF MAHARASHTRA AND ANR
                                             WITH
                             CIVIL APPLICATION NO. 11652 OF 2021
                                      IN FAST/23472/2015

                                ASHOK MUKINDRAO SHINDE
                                          VERSUS
               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR
                                      AND ANOTHER
                                           WITH
                           CIVIL APPLICATION NO. 11651 OF 2021
                                    IN FAST/23621/2015

                            DINKAR NARSINGRAO PHATTEPURE
                                       VERSUS
               THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, LATUR
                                    AND ANOTHER
                                         ...

              Mr. P. V. Gole h/for Mr. V. D. Gunale, Advocate for Applicant
              Mr. S. V. Hange, AGP for the Respondents, State.



                                                                              Page 1 of 3
                                                              924-withdrawal

               CORAM              :   Y. G. KHOBRAGADE, J.
               DATE               :   7th May, 2024
ORDER:

1. By the present applications, the applicants/ original claimants

prayed for permission to withdraw the entire amount of compensation

with accrued interest deposited by the non- applicant No.2 Acquiring

body with Registry of this Court.

2. Lands of the applicants/claimants were acquired by

Respondent No.2 for the purpose of Haladwadhona Storage Tank at

Haladwadhona, Tq. Jalkot Dist. Latur. By Judgment and Award dated

13.04.2012 passed in LAR Nos. 293 of 2010 to 301 of 2010, the

learned Reference Court enhanced the compensation @ Rs.1150 per R

i. e. equivalent to Rs.46,000/- per Acre. The said judgment and award

is challenged by the Acquiring Body in the above First Appeals. On 14 th

September, 2015, this Court passed an order in Civil Application No.

10785 of 2015 with connected matters and granted interim stay to the

judgment and award on condition of depositing the decreetal amount

under the award by Acquiring Body within eight weeks. The office note

reflects about the deposit of the decreetal amount by the Executive

Engineer, Minor Irrigation Division Latur/ Acquiring Body in group of

matters through Advocate Shri D. B. Pawar, the learned counsel for the

Aurignacian Body.

924-withdrawal

3. Therefore, for the reasons described in the applications, the

applicants are permitted to withdraw 75% amount of their share out of

the deposited amount with certain conditions. Hence, the following

order:

ORDER

(i) The applicants are permitted to withdraw the compensation to

the extent of 50% out of the deposited amount with accrued

interest, on furnishing undertaking and further 25% amount

with accrued interest on furnishing solvent surety to the

satisfaction of the Registrar (Judicial) of this Court.

(iii) Civil applications are accordingly disposed off.

( Y. G. KHOBRAGADE, J. )

JPChavan