Namdeo Vithoba Kharat v. The Executive Engineer, Lower Dudhana Project Selu, Now Exe Engineer, Jalna Irrigation Dept. And Or

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD CIVIL APPLICATION NO. 7918 OF 2016 IN FA/1299/2016 RAJEBHAU DADARAO GIRAM DIED THR LRS PRAYAGBAI AND ANR CA/7919/2016 IN FA/1300/2016 CA/7920/2016 IN FA/1301/2016 CA/7921/2016 IN FA/1295/2016 Mr A.M. Gaikwad, Advocate for respondent No.1 Mr S.N. Morampalle, AGP for respondent No.2 CIVIL APPLICATION NO. 8169 OF 2016 IN FA/1718/2016 ACHHUT SAGANAJI GIRAM AND OTHERS Mr B.R. Surwase, Advocate for respondent No.1 Mr S.N. Morampalle, AGP for respondent No.2 CIVIL APPLICATION NO. 8177 OF 2016 IN FA/1614/2016 INDIRABAI JANARDHAN MIRGE EXE ENGINEER, JALNA IRRIG AND ORS Mr B.R. Surwase, Advocate for respondent No.1

Mr S.N. Morampalle, AGP for respondent No.2 CIVIL APPLICATION NO. 8265 OF 2016 IN FA/1759/2016 TUKARAM BHIMRAO BORADE DUDHANA PROJECT DIV. SELU AND ANR.

Smt. Asha D. Rakh Advocate for applicant Mr G.O. Wattamwar, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8267 OF 2016 IN FA/1763/2016 PUNJARAM BHIMRAO BORADE Smt. Asha D. Rakh Advocate for applicant Mr S.N. Morampalle, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8268 OF 2016 IN FA/1225/2016 ASARAM TATYARAO MIRGE DIED THR LRS ANIL AND ANR Mr B.R. Surwase, Advocate for respondent No.1 Mr S.N. Morampalle, AGP for respondent No.2 CIVIL APPLICATION NO. 8269 OF 2016 IN FA/1761/2016

BHAGWAN SHESHERAO MOTE Smt.Asha D. Rakh, Advocate for applicant Mr A.M. Phule, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8270 OF 2016 IN FA/1760/2016 GULAB LAXMAN MHASKE DUDHANA PROJECT DIV., SELU AND A Smt.Asha D. Rakh, Advocate for applicant Mr G.O.Wattamwar, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8271 OF 2016 IN FA/1764/2016 SUDAM BAPURAO TANPURE Smt.Asha D. Rakh, Advocate for applicant Mr S.N. Morampalle, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8272 OF 2016 IN FA/1762/2016 CIVIL APPLICATION NO.8266 OF 2016 IN FIRST APPEAL NO.1758/2016 SAMPATRAO SHANKARRAO WAGH AND MUKTABAI GANPATRAO BORADE

Smt.Asha D. Rakh, Advocate for applicant Mr S.R. Yadav, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8281 OF 2016 IN FA/1296/2016 SURESH HARIBHAU MIRGE Mr D.M. Kakade, Advocate for applicant Mr A.M. Gaikwad, Advocate for respondent No.1 Mr A.M. Phule, A.G.P. for respondent No.2 CIVIL APPLICATION NO. 8282 OF 2016 IN FA/1987/2016 RAMKISAN DHONDIBA RANERAO AND ANR WITH CA/8283/2016 IN FA/1986/2016 WITH CA/8284/2016 IN FA/1985/2016 WITH CA/8285/2016 IN FA/1984/2016 Mr B.R. Survase, Advocate for respondent No.1 Mr G.O. Wattamwar, AGP for respondent No.2 CIVIL APPLICATION NO. 8293 OF 2016 IN FA/1988/2016 SURESH HARIBHAU MIRGE AND ANR

Mr B.R. Survase, Advocate for respondent No.1 Mr S.N. Morempalle, A.G.P. for respondent No.2 CORAM : V.K. JADHAV, J.

DATE : 10th June 2016 PER COURT 1.

Heard learned Counsel for the respective parties. 2.

These are applications for withdrawal of amount. The learned Counsel for the respondent submits that the reference Court has enhanced the compensation exorbitantly. The learned Counsel further submits that the applicants, therefore, may not be permitted to withdraw the entire amount.

3.

In view of this, the applications are allowed. 4.

The applicants are permitted to withdraw 75% of the amount deposited before this Court subject to furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court. Remaining 25% amount shall be deposited in any nationalised Bank, till the disposal of the first appeals.

5.

Civil Applications accordingly stand disposed of. ( V.K. JADHAV, J.) vvr