← Library
Bombay High CourtCA/5207/2025admittedallowedgrantedrule absolute

Sudhamati Govind Dhumal Died Through Lrs Ashok Govind Dhumal And ORS v. The Executive Engineer Irrigation Project Majbutikaran Divsion Omerga

2025-08-07Hon'Ble Shri Justice R. M. Joshi2 pages

2025:BHC-AUG:21776

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 5207 OF 2025 IN FAST/7645/2023 Sudhamati Govind Dhumal Died Through Lrs Ashok Govind Dhumal And Ors

VERSUS

The Executive Engineer Irrigation Project Majbutikaran Divsion Omerga Mr. A. R. Barate h/f Mr. R. V. Naiknaware, Advocate for Applicant Mr. P. A. Pisal, Advocate for Respondent No. 3 Mr. R. R. Tandale, AGP for Respondent Nos. 1 and 2/State

CORAM

: R. M. JOSHI, J.

DATE : 07th August, 2025 PER COURT :- 1.

Learned counsel for applicants, on instructions, make statement that the applicants may be allowed to withdraw 75% amount deposited in this Court.

2.

Learned counsel for respondent opposes the withdrawal on the ground that the reference Court has granted four times increase of the compensation as compared to the compensation granted by the Special Land Acquisition Officer (SLAO).

3.

Though, there may not be justification in permitting applicants/original respondents to withdraw the entire amount, there is no impediment to permit withdrawal in following terms :- 959-CA-5207-2025.odt

i) Applicant is permitted to withdraw 50% amount on usual undertaking.

ii) Applicant is permitted to widraw 25% amount by submitting solvent surety/security.

4.

Hence, application stands allowed accordingly. (R. M. JOSHI, J.) bsj 959-CA-5207-2025.odt