Vilas Bhiva Puri And ANR v. The Ex. Engineer, Minor Irrigation Div. Osmanabad And ANR

2025:BHC-AUG:3613 1 929 ca 1394-25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 929 CIVIL APPLICATION NO. 1394 OF 2025 IN FAST/24088/2021 VILAS BHIVA PURI AND ANR

VERSUS

THE EX. ENGINEER, MINOR IRRIGATION DIV. OSMANABAD AND ANR ...

Mr. Wakure Sanjay A, Advocate for Applicants Mr. R.D. Raut, AGP for Respondent-State Mr. Pratap G. Rodge, Advocate for Respondent No.1 ....

CORAM : SANDIPKUMAR C. MORE, J.

DATED : 07/02/2025.

P. C. :

1.

Leave to correct the name of respondents / claimants by the appellant acquiring boy in the main appeal.

2.

Heard rival submissions.

3.

The applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body alongwith the interest accrued thereon.

4.

The learned counsel for the acquiring body though opposed the application for want of verification of earlier order, but record shows that the name of present applicant was shown incorrectly as 'Vilas Bhiva Puri' in Civil Application No.230 of 2023 for withdrawal of amount. This court at the relevant time had granted him to withdraw 75% of the total

2 929 ca 1394-25 compensation. However, due to incorrect name, the said amount could not be withdrawn.

5.

In view of the same, the applicant is permitted to withdraw 75% of the deposited amount of compensation i.e. 50% on usual undertaking and 25% on furnishing solvent surety / security / bank guarantee in the like amount, alongwith the proportionate interest accrued thereon till date.

6.

The remaining amount be kept in FDR in any nationalized Bank on yearly renewal basis till final disposal of this appeal. 7.

The civil application is accordingly disposed of. ( SANDIPKUMAR C. MORE, J. ) VS Maind/-