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2025 DAILYLAW 67208 (BOM)

SHYAM HAMBIRRAO PATIL. v. THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS.

CA/13175/2025 · 2025-12-04

Shri Shailesh P Brahme

body2025

Judgment text

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1 28-CA.13175-25 +1.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 28 CIVIL APPLICATION NO. 13175 OF 2025 IN FA/2566/2021 SHYAM HAMBIRRAO PATIL. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS. ... Advocate for Applicant : Mr. More Abhijit S. AGP for Respondent/s-State : Mr. S. V. Hange. Advocate for Respondent No.3 : Mr. Shamsundar B. Patil – Discharged. ... AND 33 CIVIL APPLICATION NO. 13197 OF 2025 IN FAST/12186/2021 PAIGAMBAR FAKIR MOHAMMAD SAYYAD. VERSUS THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, OSMANABAD AND ORS. ... Advocate for Applicant : Mr. More Abhijit S. AGP for Respondent/s-State : Mrs. M. N. Ghanekar. Advocate for Respondent No.3 : Mr. A. M. Gaikwad – Absent. ... CORAM : SHAILESH P. BRAHME, J. DATE : 04.12.2025 PER COURT :- 1. Learned counsel Mr. Shamsundar B. Patil submits that he is no more as Panel Lawyer of the acquiring body. His appearance stands discharged in Civil Application No.13175 of 2025. 2025:BHC-AUG:33833 2 28-CA.13175-25 +1.odt 2. Heard learned counsel for the applicants. 3. None appears for the respondent/acquiring body. 4. Applicants seek direction to comply order dated 04.08.2021 and 21.08.2021 respectively and/or to vacate the interim relief. My attention is adverted to the order dated 04.08.2021 by which interim relief was granted subject to deposit of 50% of the amount with accrued interest. Accordingly, the acquiring body deposited Rs.1,44,20,608/- in First Appeal No.2566 of 2021. In First Appeal Stamp No.12186 of 2021, the acquiring body was directed to deposit 50% of the amount while granting stay vide order dated 21.08.2021. They have deposited Rs.3,49,016/-. 5. The grievance of the applicants is that there is non- compliance of the orders passed by this Court while granting stay. 6. The respondent/acquiring body has not complied with orders of this Court directing to deposit 50% of the amount. The depositing of the lesser amount would be in defiance of the earlier orders. Unless a relaxation of earlier order or due permission is solicited the acquiring body suo motu cannot reduce the amount to be deposited in this Court. 3 28-CA.13175-25 +1.odt 7. The averments of the applications indicate that lesser amount i.e. only 40% and 30% respectively is deposited by the acquiring body. It is re-iterated that acquiring body will have to deposit 50%. 8. Civil applications are disposed of directing the respondent/acquiring body to deposit the balance amount with accrued interest so as to make up 50% of the deposits as prescribed in earlier orders. (SHAILESH P. BRAHME, J.) ... vmk/-