Harishchandra Sheku Deokate (Dead) Thr Lrs Mathurabai (Died) Thr Lrs Babu And ORS v. The Executive Engineer, Minor Irrigation Division, Osmanabad And ANR

2024:BHC-AUG:28929 943-CA-5201-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5201 OF 2022 IN FA/2800/2017 Harishchandra Sheku Deokate (Dead) Through L.Rs. Mathurabai (Died) Through L.Rs. Babu And Others

VERSUS

The Executive Engineer, Minor Irrigation Division, Osmanabad And Another ......

Mr. Santosh N. Patne, Advocate for Applicants Mr. Madhav Kalyane, Advocate h/f Mr. G.B. Rajale, Advocate for Respondent No.2 Mr. D.J. Patil, AGP for Respondent No.2 - State ......

[CORAM : NITIN B. SURYAWANSHI, J.] DATE : 10th DECEMBER, 2024 ORDER :

1.

This application is for withdrawal of amount deposited by the Acquiring Body towards compensation. 2.

It is not in dispute that, applicants have already withdrawn 50% amount of compensation deposited by the Acquiring Body. Learned advocate for Acquiring Body has no objection, if 25% amount is permitted to be withdrawn. 3.

For the reasons stated in the application, the same is partly allowed by permitting applicants to withdraw 25% of the amount of compensation along with proportionate interest thereon, on furnishing solvent surety/security to the Satisfaction of the Registrar (Judicial).

4.

Civil Application is disposed of.

[NITIN B. SURYAWANSHI ] JUDGE S.P. Rane