Santosh Kisanrao Deshmukh v. Ex. Engineer, Beed Irrigation Div. Beed Under Gmidc, Aurangabad And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 954 CIVIL APPLICATION NO.10208 OF 2022 IN FIRST APPEAL NO.2921 OF 2021 ...

SANTOSH KISANRAO DESHMUKH

VERSUS

THE EXECUTIVE ENGINEER, BEED & OTHERS ...

WITH CIVIL APPLICATION NO.10209 OF 2022 IN FIRST APPEAL NO.2925 OF 2021 ...

VIJAYKUMAR DESAI DESHMUKH AND OTHERS

VERSUS

THE EXECUTIVE ENGINEER, BEED & OTHERS ...

WITH 954 CIVIL APPLICATION NO.10210 OF 2022 IN FIRST APPEAL NO.2922 OF 2021 ...

SARUBAI BHANUDAS PATOLE

VERSUS

THE EXECUTIVE ENGINEER, BEED & OTHERS ...

Advocate for applicants in all CA : Mr.A.V.Thombre AGP for respondent-State in all CA : Mr.P.M.Kulkarni Advocate for respondent no.1 in all CA : Mr.B.R.Survase ...

CORAM : S.G.DIGE, J.

DATE : 21.07.2022 P.C. :

1] Heard the learned counsel for the applicants. The learned counsel for the applicants submits that respondent no.1 has challenged the order passed by the

learned Reference Court and has deposited 70% of the award amount before this Court. The applicants are poor agriculturist. They have no source of income. Their source of income was only agricultural land, which is acquired by the respondents. The applicants are facing difficulty in day to day life, hence, requested for withdrawal of the amount. 2] The learned counsel for respondent no.3 strongly objected to allow these applications. The learned AGP supported the argument of the learned counsel for respondent no.3.

3] I have heard all learned counsel. The lands of the applicants are acquired under compulsory acquisition. There is no source of income to the applicants. They need money for their day to day activities, hence, I pass the following order:-

ORDER

i] The applications are allowed.

ii] The applicants are permitted to withdraw 50% amount out of deposited amount by giving undertaking and 20% amount by furnishing solvent surety to the satisfaction of the learned Registrar [Judicial] of this Court. iii] Civil Applications are disposed of accordingly. [S.G.DIGE] JUDGE DDC