Vitthal Bhagaji Kunte v. The Executive Engineer And ANR

2025:BHC-AUG:33679 ( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 17 CIVIL APPLICATION NO. 8632 OF 2025 IN FA/1917/2025 WITH FA/3235/2022 VITTHAL BHAGAJI KUNTE

VERSUS

THE EXECUTIVE ENGINEER AND ANR ...

Mr. Sagar N. Pahune h/f. Mr. N. J. Pahune, Advocate for Applicant Mr. S. W. Munde, Advocate for Respondent No.1 ...

WITH CIVIL APPLICATION NO. 10428 OF 2023 IN FA/1917/2025 THE EX ENGINEER MINOR IRRIGATION DIV NO. 1 GMIDC AURANGABAD AND ANR

VERSUS

VITTHAL S/O BHAGAJI KUNTE ...

Mr. S. W. Munde, Advocate for Applicant No.1 Mr. Sagar N. Pahune h/f. Mr. N. J. Pahune, Advocate for Respondent ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.12.2025 PER COURT :- CIVIL APPLICATION NO. 8632 OF 2025 Heard both sides.

2.

Applicant seeks to withdraw an amount of Rs.1,39,46,126/-. For

( 2 ) the reasons stated in the application, the withdrawal is sought for. 3.

Learned counsel for the acquiring body disputes the entitlement to receive the amount. It is submitted that the enhancement granted by the Reference Court is exorbitant and arbitrary.

4.

The acquiring body has deposited only 75% of the compensation amount with accrued interest in this Court. The balance of 25% amount is still with the acquiring body which is secured one. Ends of justice would meet in permitting the applicant to receive the amount deposited in this Court with accrued interest on certain conditions.

5.

Civil Application is allowed partly permitting the applicant to receive 75% of the deposited amount with accrued interest on furnishing undertaking to the satisfaction of the learned Registrar (Judicial) of this Court and 25% of the deposited amount with accrued interest on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

FIRST APPEAL NO. 1917 OF 2025 Admit. Mr. Sagar N. Pahune h/f. Mr. N. J. Pahune, learned counsel waives service of notice for respondent.

3.

Call for Record and Proceeding. Print is dispensed with.

( 3 ) FIRST APPEAL NO.3235 OF 2022 Not on board. Taken on board.

2.

Admit. The learned AGP waives service of notice for respondentState. Mr. S. W. Munde, learned counsel waives service of notice for respondent No.2.

3.

To be heard along with First Appeal No.1917 of 2025. CIVIL APPLICATION NO. 10428 OF 2023 As the acquiring body as deposited the amount in pursuance of order of this Court, ad-interim stay granted earlier shall stand confirmed. 2.

Civil Application is disposed of.

( SHAILESH P. BRAHME, J. ) PRW