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Bombay High CourtCA/9734/2023admittedallowedgrantedrule absolute

The Ex. Engineer, Minor Irrigation Div. Osmanabad Thr G.M.I.D.C, Aurangabad v. Babu Nivrutti Bhosale And ORS

2025-03-05Hon'Ble Shri Justice Rohit W. Joshi5 pages

2025:BHC-AUG:6866

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 CIVIL APPLICATION NO. 9734 OF 2023 IN FAST/19514/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD BABU NIVRUTTI BHOSALE AND ORS Advocate for Applicant : Mr.Swami Mahesh Chandrashekhar AGP for Respondent/State : Mr.S.S. Dande CIVIL APPLICATION NO. 9735 OF 2023 IN FAST/19514/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD BABU NIVRUTTI BHOSALE AND ORS CIVIL APPLICATION NO. 9742 OF 2023 IN FAST/19517/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD SUDHAKAR NIRAJI BHOSALE AND ORS AGP for Respondent/State : Mr.S.S. Dande CIVIL APPLICATION NO. 9743 OF 2023 IN FAST/19517/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD SUDHAKAR NIRAJI BHOSALE AND ORS

AGP for Respondent/State : Mr. S.S. Dande CIVIL APPLICATION NO. 9740 OF 2023 IN FAST/19523/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD PANDURANG LAXMAN BHOSALE AND ORS CIVIL APPLICATION NO. 9741 OF 2023 IN FAST/19523/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD PANDURANG LAXMAN BHOSALE AND ORS CIVIL APPLICATION NO. 9738 OF 2023 IN FAST/19529/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD FULCHAND VITTHALRAO SURWASE AND ORS AGP for Respondent/State : Mr. S.S. Dande CIVIL APPLICATION NO. 9739 OF 2023 IN FAST/19529/2023 THE EX. ENGINEER, MINOR IRRIGATION DIV.

OSMANABAD THR G.M.I.D.C, AURANGABAD FULCHAND VITTHALRAO SURWASE AND ORS

AGP for Respondent/State : Mr. S.S. Dande CIVIL APPLICATION NO. 11425 OF 2024 IN FAST/19529/2023 FULCHAND VITTHALRAO SURWASE AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS Advocate for Applicant : Mr. Ajeet Babanrao Kale AGP for Respondent/State : Mr. S.S. Dande CIVIL APPLICATION NO. 11426 OF 2024 IN FAST/19517/2023 SUDHAKAR NIRAJI BHOSALE AND ORS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR OSMANABAD AND ORS Advocate for Applicant : Mr. Ajeet Babanrao Kale AGP for Respondent/State : Mr. S.S. Dande .....

CORAM

: ROHIT W. JOSHI, J.

Dated : 5th MARCH, 2025 PER COURT :- Civil Application Nos. 9734/2023, 9742/2023, 9740/2023 AND 9738/2023 :- These are the applications for condonation of delay of 1686 days in filing the first appeals. It is informed that in similar matters delay of almost the same period is condoned and the appeals are admitted. In that view of the matter, the

applications for condonation of delay are allowed subject to deposit of cost of Rs.10,000/- in each matter with the Chairman, Library Committee, Advocates Association of Bombay High Court at Aurangabad. Cost be deposited within a period of 10 weeks from today.

2.

The civil applications are disposed of.

FIRST APPEAL (STAMP ) NOS. 19514/2023, 19517/2023, 19523/2023, 19529/2023, 19529/2023:- Heard.

2.

Appeals are admitted.

3.

Issue notice to respondents. Learned AGP waives service of notice for respondent/State.

4.

Appellants are permitted to serve respondents by all permissible modes in addition to regular mode of service. 5.

Call Record and Proceeding.

Civil Application No. 11425/2024 Civil Application No.11426/2024 .

The appellants in respective appeals have deposited entire amount of compensation as awarded under the impugned judgment and award in compliance of order granting interim-stay to the execution of the said judgment

and award.

2.

Land owners, who are respondents in the appeal have moved present applications seeking permission to withdraw the deposited amount.

3.

It is informed by both the learned Advocates that in similar matters, 75% of the amount deposited alongwith accrued interest is permitted to be withdrawn, 50% on furnishing usual undertaking and 25% on furnishing solvent surety/security.

4.

In view of the above, present Civil Applications are also disposed of by permitting the respondents/land owners to withdraw 75% of the amount deposited alongwith accrued interest, 50% on furnishing usual undertaking and 25% on furnishing solvent surety/security.

( ROHIT W. JOSHI, J ) sga/2025