The Assistanant Engineer, (Establishment), Construction And Reparing Div., Msedcl, Sub-Div., Latur v. Chandrakant Vithalrao Patil (Kale) And ORS

25-CA.10354-25 & ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 25 CIVIL APPLICATION NO. 10354 OF 2025 IN FA/1249/2025 CHANDRAKANT VITHALRAO PATIL (KALE) AND ORS

VERSUS

THE STATE OF MAHARASHTRA, THROUGH THE COLLECTOR, LATUR WITH CIVIL APPLICATION NO. 940 OF 2025 IN FA/1249/2025 WITH CIVIL APPLICATION NO. 2810 OF 2025 IN FA/1249/2025 ...

Advocate for Applicants : Mr. Patil Laxmikant C. AGP for Respondent/s-State : Mr. N. R. Dayma. Advocate for Respondent No.3 : Mr. Anil S. Bajaj. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 11.11.2025 PER COURT :- 1.

Heard both sides.

2.

Applicants are seeking withdrawal of amount of Rs.54,49,550/- deposited by the respondent/acquiring body. 3.

Learned counsel for the respondent/acquiring body opposes the application.

4.

I have gone through the application, affidavit-in-reply and rejoinder filed by the parties. Considering the context and the enhancement of the compensation, I deem it appropriate to permit the applicants to receive 75% of the amount instead of 100% on furnishing undertaking.

25-CA.10354-25 & ors.odt 5.

Civil application for withdrawal of amount is partly allowed permitting the applicants to receive 75% amount with accrued interest on furnishing undertaking to the satisfaction of the Registrar (Judicial).

6.

Balance amount shall be invested in nationalized Bank. First Appeal 7.

Admit.

8.

Learned AGP waives service of notice for respondentsState. Learned counsel Mr. Patil waives service of notice for respondent No.1.

9.

Call for Record and Proceedings from the concerned Court.

10.

Print is dispensed with.

Civil Application for Stay 11.

As the entire amount has been deposited, ad-interim relief granted earlier shall stand confirm. Civil application for stay is disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-