Pralhad Chhabu Thakre v. The Executive Engineer And ORS
2025:BHC-AUG:18924 1 956 to 959(ii).CA.7248-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 956 CIVIL APPLICATION NO. 7248 OF 2025 IN FAST/5174/2024 PADMAKAR KACHARU SURASE
VERSUS
THE STATE OF MAHARASHTRA THROUGH DISTRICT COLLECTOR AURANGABAD AND ORS ...
Advocate for Applicant : Mr. Shubham Jaybhar h/f Mr. Jayabhar Dattatraya R.
AGP for Respondent Nos.1 and 2/State : Mr. D.B. Bhange Advocate for Respondent No.3 : Mrs. Suvarna M. Zaware ...
AND 957 CIVIL APPLICATION NO. 7270 OF 2025 IN FA/2451/2024 DNYANESHWAR S/O GANPAT UBALE
VERSUS
THE EXECUTIVE ENGINEER AND ORS ...
Advocate for Applicant : Mr. Shubham Jaybhar AGP for Respondent Nos.2 and 3/State : Mr. B.A. Shinde Advocate for Respondent No.1 : Mr. Santosh C. Bhosale ...
958 CIVIL APPLICATION NO. 7272 OF 2025 IN FA/1393/2024 SAHEBRAO GAHENAJI SONAWANE AND ORS
VERSUS
GODAVARI MARATHWADA IRRIGATION DEVLOPMENT CORPORATION AND ORS ...
Advocate for Applicants : Mr. Shubham Jaybhar AGP for Respondent Nos.2 and 3/State : Mr. D.B. Bhange ...
2 956 to 959(ii).CA.7248-2025.doc 959 CIVIL APPLICATION NO. 7309 OF 2025 IN FA/2808/2024 PRALHAD CHHABU THAKRE
VERSUS
THE EXECUTIVE ENGINEER AND ORS ...
Advocate for Applicant : Mr. Shubham Jaybhar h/f Mr. Jayabhar Dattatraya R.
AGP for Respondent Nos.2 and 3/State : Mr. B.A. Shinde Advocate for Respondent No.1 : Mrs. Sarita V. Gaikwad ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 18th JULY 2025 PER COURT :
1.
Applicants who are original Claimants, are seeking withdrawal of amount deposited by the Acquiring Body. Following are the deposited amounts :
(a) In First Appeal Stamp No.5174/2024 - Amount of Rs.16,99,184/-.
(b) In First Appeal No.2451/2024 - Amount of Rs.10,30,832/-. (c) In First Appeal No.1393/2024 - Amount of Rs.87, 78, 508/-.
(d) In First Appeal No.2808/2024 - Amount of Rs.4, 25, 565/-.
2.
Learned Counsel for the Applicants submits that in similarly situated matters by the coordinate bench, permitted then Claimants to receive 50% of the amount on furnishing undertaking and further 25% on furnishing solvent surety/security. He would pray that on the ground of parity, the Claimants in all appeals are entitled to receive amount.
3 956 to 959(ii).CA.7248-2025.doc 3.
Learned Counsel for the Acquiring Body and the learned AGP oppose the applications. They would submit that exorbitant compensation has been granted.
4.
Considering the rival submissions of the parties and the averments of the Civil Applications, I find that Applicants are entitled to receive part of the amount. In identical matter, Claimants were permitted to receive the amount which is placed on record. There is no reason to take any different view. I also propose to follow the same course and action.
5.
Applicants are permitted to withdraw 50% of the amount on furnishing undertaking and further 25% of the amount alongwith accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court amounts as follows :
(a) In First Appeal Stamp No.5174/2024 - Amount of Rs.16,99,184/-.
(b) In First Appeal No.2451/2024 - Amount of Rs.10,30,832/-. (c) In First Appeal No.1393/2024 - Amount of Rs.87, 78, 508/-.
(d) In First Appeal No.2808/2024 - Amount of Rs.4, 25, 565/-.
SHAILESH P. BRAHME JUDGE NAJEEB..