The Executive Engineer Seena Kolegaon Medum Project Osmanabad v. Pramod Ramchandra Bhalerao And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 917 FIRST APPEAL NO.2941 OF 2023 WITH CA/4167/2023 IN FA/2941/2023 WITH FA/2943/2023 WITH CA/4173/2023 IN FA/2943/2023 WITH FA/2388/2023 WITH CA/4171/2023 IN FA/2388/2023 WITH FA/2942/2023 WITH CA/4169/2023 IN FA/2942/2023 THE EXECUTIVE ENGINEER DEPARTMENT SEENA KOLEGAON PROJECT PARANDA GORAKH SUBRAO SURYAWANSHI Advocate for Appellants : Mr. Jethliya Dhiraj R. AGP for Respondents-State : Mr. K. N. Lokhande 979 CIVIL APPLICATION NO.3028 OF 2023 IN FAST/7280/2023 WITH CA/3029/2023 IN FAST/7280/2023 WITH CA/3030/2023 IN FAST/7287/2023 WITH CA/3031/2023 IN FAST/7287/2023 VISHWANATH SHANKAR KARPURE Advocate for Applicants : Jethliya Dhiraj R.

980 CIVIL APPLICATION NO.3032 OF 2023 IN FAST/7263/2023 WITH CA/3033/2023 IN FAST/7263/2023 WITH CA/3034/2023 IN FAST/7269/2023 WITH CA/3036/2023 IN FAST/7269/2023 THE EXECUTIVE ENGINEER,SEENA KOLEGAON MEDIUM PROJECT, PARANDA, OSMANABAD JAGANNATH BABU KOLI (DIED)

982 CIVIL APPLICATION NO.3038 OF 2023 IN FAST/7255/2023 WITH CA/3039/2023 IN FAST/7255/2023 THE EXECUTIVE ENGINEER DEPARTMENT OF SINA KOLEGAON PROJECT PARANDA APPA LIMBAJI PATIL 984 CIVIL APPLICATION NO.4182 OF 2023 IN FAST/10198/2023 WITH CA/4181/2023 IN FAST/10198/2023 KONDABAI VITTHAL THAVARE (DIED) AGP for Respondents-State : Mr. N. T. Bhagat 985 CIVIL APPLICATION NO.4200 OF 2023 IN FAST/10148/2023 WITH CA/4202/2023 IN FAST/10148/2023 WITH CA/4212/2023 IN FAST/10161/2023 WITH CA/4214/2023 IN FAST/10161/2023 WITH CA/4209/2023 IN FAST/10164/2023 WITH CA/ 4211/2023 IN FAST/10164/2023 WITH CA/4204/2023 IN FAST/10167/2023 WITH CA/4206/2023 IN FAST/10167/2023 WITH CA/ 4207/2023 IN FAST/10170/2023 WITH CA/4208/2023 IN FAST/10170/2023 THE EXECUTIVE ENGINEER,SEENA KOLEGAON PROJECT, PARANDA, OSMANABAD DEVIDAS JIVALAGA SURYAWANSHI (KASAB), AGP for Respondents-State: Mr. K. B. Jadhavar

986 CIVIL APPLICATION NO.4216 OF 2023 IN FAST/10359/2023 WITH CA/4217/2023 IN FAST/10359/2023 WITH CA/4220/2023 IN FAST/10365/2023 WITH CA/4221/2023 IN FAST/10365/2023 WITH CA/4218/2023 IN FAST/10376/2023 WITH CA/ 4219/2023 IN FAST/10376/2023 WITH CA/4223/2023 IN FAST/10380/2023 WITH CA/4224/2023 IN FAST/10380/2023 WITH CA/ 4226/2023 IN FAST/10384/2023 WITH CA/4227/2023 IN FAST/10384/2023 ASHOK LAXMANRAO PADULE 988 CIVIL APPLICATION NO.4235 OF 2023 IN FAST/10422/2023 WITH CA/4238/2023 IN FAST/10422/2023 WITH CA/4240/2023 IN FAST/10425/2023 WITH CA/4243/2023 IN FAST/10425/2023 WITH CA/4245/2023 IN FAST/10429/2023 WITH CA/ 4248/2023 IN FAST/10429/2023 ARUN SANDIPAN PADULE 989 CIVIL APPLICATION NO.

THE EXECUTIVE ENGINEER SEENA KOLEGAON PARANDA BABULAL MUSSA FAKIRAND OTHERS 990 CIVIL APPLICATION NO.4258 OF 2023 IN FAST/10392/2023 WITH CA/4257/2023 IN FAST/10392/2023 WITH CA/4261/2023 IN FAST/10396/2023 WITH CA/4262/2023 IN FAST/10396/2023 WITH CA/4259/2023 IN FAST/10399/2023 WITH CA/ 4260/2023 IN FAST/10399/2023 THE EXECUTIVE ENGINEER SEENA KOLEGAON PARANDA BALWANT BHAIRU PATIL OTHERS AGP for Respondents-State : Mr. N. T. Bhagat 991 CIVIL APPLICATION NO.4267 OF 2023 IN FAST/10518/2023 WITH CA/4266/2023 IN FAST/10518/2023 WITH CA/4268/2023 IN FAST/10531/2023 WITH CA/4269/2023 IN FAST/10531/2023 WITH CA/4270/2023 IN FAST/10539/2023 WITH CA/ 4271/2023 IN FAST/10539/2023 THE EXECUTIVE ENGINEER DEPARTMENT OF SEENA KOLEGAON PROJECT PARANDA VISHVNATH SOUDAGAR GHOGARE AND OTHERS AGP for Respondents-State : Mr.K. B. Jadhavar 992 CIVIL APPLICATION NO.4284 OF 2023 IN FAST/10480/2023 WITH CA/4274/2023 IN FAST/10449/2023 WITH CA/4275/2023 IN FAST/10449/2023 WITH CA/4277/2023 IN FAST/10452/2023 WITH CA/4278/2023 IN FAST/10452/2023 WITH CA/ 4282/2023 IN FAST/10455/2023 WITH CA/4285/2023 IN

FAST/10455/2023 WITH CA/4288/2023 IN FAST/10461/2023 WITH CA/ 4290/2023 IN FAST/10461/2023 WITH CA/4293/2023 IN FAST/10465/2023 WITH CA/4296/2023 IN FAST/10465/2023 WITH CA/ 4279/2023 IN FAST/10468/2023 WITH CA/4280/2023 IN FAST/10468/2023 WITH CA/4281/2023 IN FAST/10473/2023 WITH CA/ 4283/2023 IN FAST/10473/2023 WITH CA/4286/2023 IN FAST/10480/2023 WITH CA/4287/2023 IN FAST/10486/2023 WITH CA/ 4289/2023 IN FAST/10486/2023 WITH CA/4291/2023 IN FAST/10489/2023 WITH CA/4292/2023 IN FAST/10489/2023 WITH CA/ 4294/2023 IN FAST/10497/2023 WITH CA/4295/2023 IN FAST/10497/2023 UTTRESHWAR GYANBA PATIL (DIED) THR LRS GAJENDRA PATILAND ORS 993 CIVIL APPLICATION NO.

6582 OF 2023 IN FAST/15622/2023 WITH CA/6583/2023 IN FAST/15622/2023 WITH CA/6584/2023 IN FAST/15625/2023 WITH CA/6585/2023 IN FAST/15625/2023 WITH CA/6586/2023 IN FAST/15629/2023 WITH CA/ 6587/2023 IN FAST/15629/2023 THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDIUM PROJECT - KRISHNA KHORE - M I AND PT DIVISION DADASAHEB VITTHAL SALUNKE AND OTHERS AGP for Respondents-State : Mr. N. T. Bhagat 994 CIVIL APPLICATION NO.

FAST/15647/2023 WITH CA/6603/2023 IN FAST/15647/2023 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDAEXECUTIVE ENGINEER SANTOSH DASA GANGAVITTHAL AND OHTERS 996 CIVIL APPLICATION NO.6614 OF 2023 IN FAST/15656/2023 WITH CA/6613/2023 IN FAST/15656/2023 WITH CA/6615/2023 IN FAST/15659/2023 WITH CA/6616/2023 IN FAST/15659/2023 WITH CA/6619/2023 IN FAST/15662/2023 WITH CA/ 6620/2023 IN FAST/15662/2023 WITH CA/6617/2023 IN FAST/15665/2023 WITH CA/6618/2023 IN FAST/15665/2023 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, DIVSION PARANDA SHRIMANT LIMBA SURVASE AND OHTERS 997 CIVIL APPLICATION NO.6795 OF 2023 IN FAST/15602/2023 WITH CA/6796/2023 IN FAST/15602/2023 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJECT, PARANDA GAJENDRA SHIVAJI CHAVAN DIED, THROUGH HIS L.R. BALU GAJENDRA CHAVAN AND OHTERS AGP for Respondents-State: Mr. K. B. Jadhavar 998 CIVIL APPLICATION NO.6801 OF 2023 IN FAST/15605/2023 WITH CA/6802/2023 IN FAST/15605/2023 WITH CA/6811/2023 IN FAST/15608/2023 WITH CA/6812/2023 IN FAST/15608/2023 WITH CA/6809/2023 IN FAST/15611/2023 WITH CA/

6810/2023 IN FAST/15611/2023 WITH CA/6805/2023 IN FAST/15615/2023 WITH CA/6806/2023 IN FAST/15615/2023 WITH CA/ 6803/2023 IN FAST/15620/2023 WITH CA/6804/2023 IN FAST/15620/2023 THE EXECUTIVE ENGINEER SEENA KOLEGAON MEDUM PROJECT OSMANABAD PRAMOD RAMCHANDRA BHALERAO AND OTHERS Advocate for Applicant : Mr.Jethliya Dhiraj R. CORAM : ARUN R. PEDNEKER, J.

DATE : 08/11/2023 PER COURT :

1.

The learned Advocate appearing on behalf of the Acquiring Body has placed on record order passed by this Court dated 19/10/2023 in FAST/10903 of 2023 and other connected matters and submits that the same order would be applicable in the instant case.

2.

In all applications filed for delay condonation, the claimants though served, none have caused appearance in the matter. 3.

Except CA No.3028 of 2023 in FAST/7280/2023, in all other applications filed for condonation of delay, for the reasons stated in the applications, particularly the administrative reasons, the applications for delay condonation are allowed and disposed of accordingly.

4.

In CA No.3028 of 2023 in FAST/7280/2023, reissue notice to respondent No.3, returnable on 05/01/2024.

5.

In all applications filed for stay, the learned Advocate for the applicants submits that the amount has been deposited in this Court as per the directions of this Court. In view of the same, the Stay order passed by this Court dated 29/03/2023, in the applications for stay, is confirmed. The applications filed for Stay stand disposed of. 6.

The learned Advocate for the appellants to take steps in respect of deceased respondents as well as in respect of unserved respondents in respective matters. The learned Advocate for the appellants to remove office objections, if any, before the next date. 7.

All the appeals are Admitted.

8.

After admission, the learned AGP waives service of notice on behalf of respondents-State.

9.

Paper book is dispensed with.

( ARUN R. PEDNEKER, J. ) vj gawade/-.