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2025 DAILYLAW 3608 (BOM)

MARUTI RAMA JOSHI (SINCE DECEASED THR. LRS.) AND ORS. v. THE STATE OF MAHARASHTRA (THROUGH DEPUTY COLLECTOR (LAND ACQUISITION)

IA/13069/2025 · 2026-08-18

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Judgment text

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28-IA-13069-2025.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.13069 OF 2025 IN FIRST APPEAL NO.835 OF 2026 Maruti Rama Joshi (Since Deceased) Through LRs & Ors. … Appellants V/s. The State of Maharashtra Through Deputy Collector Land Acquisition … Respondent Mr. A. R. Patil, Addl. GP, for the Appellants/Applicants. Ms. Harshada Shrikhande, Mr. Saurabh D. Bhutala, fo the Applicant in IA, for Respondent in FA. CORAM : AMIT BORKAR, J. DATED : AUGUST 18, 2026 P.C.: 1. The application is filed for withdrawal of the compensation amount. In my opinion, considering the recent judgment of this Court in respect of the same village, wherein the rate of Rs.1,725/- has been confirmed, and since the Reference Court has granted a higher rate than the rate granted by the Reference Court in the present matter, the applicants have made out a case for permitting them to withdraw the amount. Hence, the application is allowed in terms of prayer clause (a). 2. The applicants shall file an undertaking before this Court stating that, in the event the decision goes against them, they shall 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.08.18 18:09:22 +0530 28-IA-13069-2025.doc refund the withdrawn amount to the State within eight weeks from the date of such decision. Such undertaking shall be filed within a period of four weeks from today. 3. The Interim Application stands disposed of. (AMIT BORKAR, J.) 2