Mangal W/O Abasaheb Deshmukh v. The Ex. Engineer, Irrigation Div. Beed

- 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 926 CIVIL APPLICATION NO. 7219 OF 2025 IN FA/2140/2023 MANGAL W/O ABASAHEB DESHMUKH

VERSUS

THE EX. ENGINEER, IRRIGATION DIV. BEED WITH CIVIL APPLICATION NO. 6526 OF 2023 IN FA/2140/2023 THE EX. ENGINEER, IRRIGATION DIV. BEED

VERSUS

MANGALBAI ABASAHEB DESHMUKH AND ANOTHER Mr.N.P.Bangar, Advocate for the applicant.

Ms.R.R.Tandale, AGP for the respondent/State. Mr.S.G.Bhalerao, Advocate for respondent No.1. ( CORAM : PRAFULLA S. KHUBALKAR, J. ) DATE : JULY 17, 2025 PER COURT :

CIVIL APPLICATION NO.7219 OF 2025 1.

This is an application for permission to withdraw the amount deposited by the Acquiring Body in pursuance of the award passed by the Reference Court.

2.

Heard. Perused the application. The learned Advocate for khs/July 2025/7219

- 2 - the applicant submits that in identical matter, arising out of same Section 4 notification, this Court has passed an order dated 20.01.2025 in CA No.841/2025 in First Appeal No.2950/2022 and permitted withdrawal of the amount. A request is made for similar withdrawal. 3.

The learned Advocate for respondent No.1 strongly opposed the applications.

4.

Considering the peculiar set of facts and arguments of both sides, it would be proper to allow the application partly. 5.

Registry is directed to pay 50% amount alongwith accrued interest as per the award to the claimant / applicant on their usual undertaking.

6.

It is clarified that the applicant is permitted to withdraw entire deposited amount, which is 50% of the award amount. ( PRAFULLA S. KHUBALKAR, J.) khs/July 2025/7219