The Executive Engineer, Seena Kolegaon Projet Paranda v. Gopal Govind Jagtap Died Thr Lrs Padmin Gopal Jagtap And ORS

2025:BHC-AUG:29457 ( 1 ) ca11553.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 CIVIL APPLICATION NO. 11553 OF 2025 IN FA/1707/2025 GOPAL GOVIND JAGTAP DIED HIS LRS PADMIN GOPAL JAGTAP

VERSUS

THE STATE OF MAHARSHTRA THROUGH THE COLLECTOR WITH CIVIL APPLICATION NO. 9689 OF 2024 IN FA/1707/2025 THE EXECUTIVE ENGINEER, SEENA KOLEGAON PROJET PARANDA

VERSUS

GOPAL GOVIND JAGTAP DIED THR LRS PADMIN GOPAL JAGTAP AND ORS Mr. Madhav K. Jadhav h/f. Mr. A.S. More, Advocate for the applicantsclaimants. Mr. R.B. Dhaware, AGP for respondent-State.

Mr. R.A. Tambe, Advocate for the Acquiring Body.

CORAM

: KISHORE C. SANT, J.

DATE : 16.10.2025 PC :- 01.

Heard learned Advocate for the applicants and learned Advocate for the Acquiring Body.

02.

By way of this application, the applicants-original claimants are praying to allow them to withdraw part of amount of compensation deposited in the office of this Court. It is submitted that only 75% of the amount as per the award is deposited in the office of this Court along with interest. Learned Advocate for the applicant relies upon an order dated 09.08.2023 in Civil Application No. 5737 of 2023 in First Appeal No. 2776 of 2021. This Court by said order allowed the entire amount

( 2 ) ca11553.25 deposited in the office of this Court along with accrued interest. It is submitted that the said Civil Application is also arising from same project i.e. Seena Kolegaon Project in File No. 2009/LNQ/CR/24. 03.

Learned Advocate for the respondent does not dispute said fact.

04.

Considering the above, this application stands allowed. The applicants are permitted to withdraw the entire amount deposited in the office this Court along with accrued interest on filing usual undertaking. 05.

The Civil Application stands disposed off.

CIVIL APPLICATION FOR STAY 01.

The Acquiring Body has already deposited 75% of the amount as per the earlier order. Considering that, there shall be relief in terms of prayer clause (B), till disposal of the appeal. 02.

The Civil Application is accordingly allowed and is disposed off.

[KISHORE C. SANT, J.] snk/2025/Oct25/ca11553.25