The Executive Engineer Irrigation Projectmajbutikaran Division Osmanabad v. Appa Ganpati Shinde And ORS

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 29 CIVIL APPLICATION NO. 6666 OF 2025 IN FAST/24947/2023 Bhausaheb Dattoba Palange Died Thr Lrs Mandakini Bhausaheb Palange And Ors

VERSUS

The State Of Maharashtra Thr Collector Osmanabad And Ors. WITH CIVIL APPLICATION NO. 10369 OF 2023 IN FAST/24930/2023 WITH CIVIL APPLICATION NO. 10368 OF 2023 IN FAST/24930/2023 WITH CIVIL APPLICATION NO. 10374 OF 2023 IN FAST/24939/2023 WITH CIVIL APPLICATION NO. 10375 OF 2023 IN FAST/24939/2023 WITH CIVIL APPLICATION NO. 10370 OF 2023 IN FAST/24942/2023 WITH CIVIL APPLICATION NO. 10371 OF 2023 IN FAST/24942/2023 WITH CIVIL APPLICATION NO. 10372 OF 2023 IN FAST/24947/2023 WITH CIVIL APPLICATION NO. 10373 OF 2023 IN FAST/24947/2023

( 2 ) ...

Mr. Praveen B. Rakhunde, Advocate for Applicant. Mr. Prashant Nangare, Advocate for Respondent. Mr. R. B. Dhaware, AGP for Respondent-State.

CORAM : KISHORE C. SANT, J.

DATE : 29th SEPTEMBER 2025.

PC :- WITHDRAWAL OF AMOUNT 1.

Heard the learned Advocates for the parties.

2.

The applicants have preferred these applications seeking withdrawal of the amount deposited by the Appellant-Acquiring Body in the office of this Court. The acquiring body has deposited an amount of Rs.5,14,624/- i.e. 50% of the awarded amount alongwith interest. 3.

This Court finds that the deposited amount is meager amount and it is only 50% of the awarded amount. This Court is therefore inclined to allow the application. Hence, the following order:

ORDER

(i) Civil Applications are allowed;

(ii) The applicants are permitted to withdraw the entire amount (50%

( 3 ) of the amount as per award) deposited in the office of this Court in First Appeal No.24947/2023 along with accrued interest if any, on furnishing usual undertaking.

4.

With this, civil applications stand disposed off. CONDONATION OF DELAY 5.

Heard the learned Advocates for the parties.

6.

These applications are filed seeking condonation of delay caused in filing the first appeal against judgment and award passed by the learned Reference Court.

7.

For the reasons stated in the applications, delay stands condoned. Applications are allowed.

8.

Office to register first appeals.

9.

With this, civil applications stand disposed off. FIRST APPEALS 10.

Heard.

11.

Admit.

12.

Call for record and proceedings.

( 4 ) 13.

Learned Advocate Mr. Rakhunde waives service of notice for respondent No.1.

14.

Learned AGP waives service of notice for Respondents-State. [KISHORE C. SANT, J.]