Mahatma Baburao Ulekar v. Ex. Engineer, Irrigation Project Strengthing Div. Omerga And ORS

32-CA-12-21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO.1539 OF 2020 IN FA/5013/2017 MAHATMA BABURAO ULEKAR

VERSUS

EXECUTIVE ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, OMERGA AND ORS.

AND CIVIL APPLICATION NO.12 OF 2021 IN FAST/40179/2017 AND CA/231/2021 IN FAST/40174/2017 AND CA/5811/2021 IN FAST/39203/2017 AND CA/217/2021 IN FAST/40185/2017 ---- Mr.S.A.Wakure, Advocate for applicants Mr.R.A.Tambe, Advocate for respondent no.1 Mr.A.M.Phule, AGP for respondent nos.2 and 3 ---- CORAM : R.G. AVACHAT, J.

DATE : JULY 09, 2021 ORDER :- Heard Mr.Wakure, learned counsel for the applicants; Mr.Tambe, learned counsel for respondent no.1 - acquiring body and Mr.Phule, learned AGP for respondent nos.2 and 3.

32-CA-12-21 2.

Learned counsel for the applicants submit that similar order, as has been passed by this Court in Civil Application No.6707 of 2020 in First Appeal (St) No.39400 of 2018 (Trimukhabai Laxman Mane Vs. Executive Engineer, Irrigation Project Strengthening and ors.) on 19.10.2020, may be passed in present applications since they arise out of the same award.

3.

In view of the above, I pass the following order:- (A) Civil Applications are allowed.

(B) The applicants are permitted to withdraw 50% of the amount on furnishing an undertaking to the satisfaction of learned Registrar (Judicial) of this Court and 25% amount on furnishing solvent security to the satisfaction of learned Registrar (Judicial) of this Court.

(C) The applications stand disposed of accordingly. [R.G. AVACHAT, J.] KBP