Dhondiba Kadappa Yedke, L.Rs. Biru Dhondiba Yedke And ORS v. Executive Engineer, Minor Irrigation Division, Osmanabad

2025:BHC-AUG:8510 1 ca 2803.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2803 OF 2025 IN FIRST APPEAL STAMP NO. 32736 OF 2013 Dhondiba Kadappa Yedke Since deceased through L.Rs.

Biru Dhondiba Yedke and others .. Applicants

Versus

The State of Maharashtra and others .. Respondents Shri Vikas N. Tanwade, Advocate for the Applicant. Shri K. K. Naik, A.G.P. for the Respondent Nos. 1 and 3 Shri Avishkar S. Shelke, Advocate for the Respondent No. 2. CORAM : SHAILESH P. BRAHME, J.

DATE : 21ST MARCH, 2025.

FINAL ORDER :

.

This application is for withdrawal of amount of Rs. 4,37,397/- deposited by the respondent No. 2/appellant, which is acquiring body.

2.

It is informed by the learned counsel for the applicants that connected first appeals have been disposed of by this Hon'ble Court. It reveals from record that the land acquisition officer granted rate of Rs. 9,200/- per acre, which is enhanced by the Reference Court to the extent of Rs. 44,600/- per acre. The enhancement is slightly above four times. There is dispute for the date from which interest is payable. In that view of the

2 ca 2803.25 matter, I find that it would be appropriate to permit the applicants to withdraw the amount of Rs. 4,00,000/- (Rs. Four Lakhs only).

3.

The civil application is allowed to the extent that the applicants shall withdraw an amount of Rs. 4,00,000/- (Rs. Four Lakhs only) on furnishing undertaking to this Court that in the event the first appeal is allowed and the applicants are directed to deposit the amount, they would deposit the same. The civil application is disposed of.

[SHAILESH P. BRAHME J.] bsb/March 25