The Executive Engineer Irrigation Construcation Division v. Bhaurao @ Dattatraya Kisanrao @ Krishna Jadhav

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 124 CIVIL APPLICATION NO.11422 OF 2023 IN FIRST APPEAL NO.1392 OF 2022 BHAURAO @ DATTATRAYA S/O KISHANRAO @KRISHNA JADHAV & OTHERS

VERSUS

THE STATE OF MAHARASHTRA & OTHERS ...

Advocate for the applicants : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat Advocate for Respondent no.3 : Mr.S.B.Patil ...

WITH 124 CIVIL APPLICATION NO.6968 OF 2022 IN FIRST APPEAL NO.1392 OF 2022 THE EXECUTIVE ENGINEER IRRIGATION CONSTRUCTION DIVISION

VERSUS

BHAURAO @ DATTATRAYA S/O KISHANRAO @KRISHNA JADHAV & OTHERS ...

Advocate for the applicant : Mr.S.B.Patil Advocate for the respondent nos.1 to 3 : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat ...

WITH 124 FIRST APPEAL NO.1392 OF 2022 THE EXECUTIVE ENGINEER IRRIGATION CONSTRUCTION DIVISION

VERSUS

BHAURAO @ DATTATRAYA S/O KISHANRAO @KRISHNA JADHAV & OTHERS

...

Advocate for the appellant : Mr.S.B.Patil Advocate for the respondent nos.1 to 3 : Mr.L.C.Patil AGP for Respondent-State : Mr.N.T.Bhagat ...

CORAM :ARUN R. PEDNEKER, J.

DATE :11.09.2023 P.C. :

A] ORDER IN CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 1] The present Civil Application is filed to withdraw the amount deposited by the acquiring body in this Court.

2] The First Appeal is filed by the acquiring body and the entire amount of compensation is deposited by the acquiring body along with interest accrued thereon. 3] In view of the same, the applicants are permitted to withdraw 75% of the total amount of compensation along with accrued interest thereon till date on usual undertaking to the satisfaction of the Registrar [Judicial] of this Court. Civil Application is disposed of accordingly.

B] ORDER IN CIVIL APPLICATION FOR STAY The appellant has deposited entire amount of compensation. The earlier stay granted by this Court is confirmed. Civil Application is disposed of accordingly. C] ORDER IN FIRST APPEAL 1] Heard. First Appeal is admitted.

2] On admission, the learned AGP waives notice for the respondent nos.4 and 5. Mr.L.C.Patil, learned counsel waives notice for respondent nos.1 to 3. 3] Office objections, if any, to be removed within four weeks.

4] Call R. & P.

[ARUN R. PEDNEKER] JUDGE DDC