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Bombay High CourtCA/11346/2025admittedallowedgrantedrule absolute

Narayan Tukaram Jadhav (Dead) Thr Lrs Bhagirathibai And ANR v. The Ex. Engineer, Irrigation Project Strengthening Division, Thr Mpd Osmanabad And ORS

2025-10-13Hon'Ble Shri Justice Kishore C. Sant2 pages

2025:BHC-AUG:29084 ( 1 ) ca11344.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 CIVIL APPLICATION NO. 11344 OF 2025 IN FA/1241/2025 PURA MANSING RATHOD (DIED) THR LRS WALCHAND (DIED) THR LRS. SHANTA AND ORS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR, OSMANABAD AND OTHERS WITH CIVIL APPLICATION NO. 11346 OF 2025 IN FA/1240/2025 NARAYAN TUKARAM JADHAV (DEAD) THR LRS BHAGIRATHIBAI AND ANR

VERSUS

THE EX. ENGINEER, IRRIGATION PROJECT STRENGTHENING DIVISION, THR MPD OSMANABAD AND ORS Mr. L.C. Patil, Advocate for the applicants.

Mr. R.B. Dhaware, Advocate for the respondent/State. Mr. P.R. Nangare, Advocate for respondent No.2.

CORAM

: KISHORE C. SANT, J.

DATE : 13.10.2025 PC :- 01.

Heard learned Advocates for the parties. These applications are for withdrawal of amount deposited by the Acquiring Body in the office of this Court. The amount deposited is only 75% of the amount of award along with interest. The learned Advocate for the applicants relies on order dated 28.11.2025 passed by this Court in CA No. 12588 of 2022 with connected matters, arising out of the same land acquisition proceeding. In the said matter, the amount deposited was 100% as per the impugned judgment and award. Out of which 75% of the amount is allowed to be withdrawn.

( 2 ) ca11344.25 02.

Considering the above, in the present case following order :- 03.

The applicants are permitted to withdraw 75% of the amount along with accrued interest from the amount deposited in this Court by filing usual undertaking. Further 25% of the deposited amount along with accrued interest is allowed to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court.

04.

The Civil Applications are accordingly allowed and are disposed off.

[KISHORE C. SANT, J.] snk/2025/Oct25/ca11344.25