Prakash Vitthal Solankar And ORS v. The Executive Engineer Irrigation Project Strenghting Majbutikaran Division Omerga And ORS
2025:BHC-AUG:26724 1 974 to 978(i).CA-8887-2025.doc (Corrections have been carried out in view of speaking to minutes to order dated 25.09.2025)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 974 CIVIL APPLICATION NO. 8887 OF 2025 IN FA/1668/2024 APPARAO SAHEB SOLANKAR DIED THROUGH LEGAL REPRESENTATIVE DASARATH APPARAO SOLANKAR THROUGH COLLECTOR OSMANABAD AND ORS ...
Advocate for the Applicant : Mr.Santosh N.Patne AGP for Respondent/State : Mr.B.A.Shinde Advocate for Respondent No.3 : Mr. Rahul A. Tambe ...
975 CIVIL APPLICATION NO. 8888 OF 2025 IN FA/1669/2024 PRAKASH VITTHAL SOLANKAR AND ORS ...
Advocate for the Applicant : Mr.Santosh N.Patne AGP for Respondent/State : Mr.B.A.Shinde Advocate for Respondent No.1: Mr. Rahul A. Tambe ...
976 CIVIL APPLICATION NO. 8889 OF 2025 IN FA/1670/2024 RAJENDRA MANIK SOLANKAR THROUGH COLLECTOR OSMANABAD AND ORS ...
2 974 to 978(i).CA-8887-2025.doc Advocate for the Applicant : Mr.Santosh N.Patne AGP for Respondent/State : Mr.B.A.Shinde Advocate for Respondent No.3: Mr. Rahul A. Tambe ...
977 CIVIL APPLICATION NO. 8890 OF 2025 IN FAST/14590/2024 MOTIRAM SADASHIV TELIKUNE THROUGH COLLECTOR OSMANABAD AND ORS ...
Advocate for the Applicant : Mr.Santosh N.Patne AGP for Respondent/State : Mr.B.A.Shinde Advocate for Respondent No.3: Mr.Chetan T.Jadhav(Through VC) ...
978 CIVIL APPLICATION NO. 8903 OF 2025 IN FA/511/2025 JAGANATH @ NAGNATH BABARAO GHOTALKAR @ MANE DIED THR LRS LAXMIBAI AND ORS ...
Advocate for the Applicant : Mr.Santosh N.Patne AGP for Respondent/State : Mr.B.A.Shinde Advocate for Respondent No.1: Mr. Rahul A. Tambe ...
CORAM : SHAILESH P. BRAHME, J.
DATE : 19.08.2025 PER COURT :
.
These applications are for withdrawal of amounts deposited by the Respondent/Acquiring body. Following is the break-up of deposits of the amount :
3 974 to 978(i).CA-8887-2025.doc SR.No.
Particulars Civil Application Amount in Rs. Extent of (On Board) Amount (in %) APPARAO SAHEB SOLANKAR DIED THROUGH LEGAL REPRESENTATIVE DASARATH APPARAO SOLANKAR THROUGH COLLECTOR OSMANABAD AND ORS No.
CA NO. 8887 OF IN FA/1668/2024 657705/- 50% PRAKASH VITTHAL SOLANKAR AND ORS CA NO. 8888 OF IN FA/1669/2024 3,02,526/- 50% RAJENDRA MANIK SOLANKAR THROUGH COLLECTOR OSMANABAD AND ORS CA NO. 8889 OF IN FA/1670/2024 2,02,661/- 50% MOTIRAM SADASHIV TELIKUNE THROUGH COLLECTOR OSMANABAD AND ORS CA NO. 8890 OF IN FAST/14590/2024 20,90,972/- 100% JAGANATH @ NAGNATH BABARAO GHOTALKAR @ MANE DIED THR LRS LAXMIBAI AND ORS CA NO. 8903 OF IN FA/511/2025 2,87,179/- 50% 2.
The Respondent/acquiring body has deposited the above referred amount and the last column indicates the extent of deposits. It reveals that in a similarly situated matters, the claimants were permitted to receive the amount with accrued interest deposited by the acquiring body when deposits are to the extent of 50%. I do not find any difficulty in permitting the applicants to receive entire amount deposited by the acquiring body in the above matters except in last but one matter i.e in the matter of Motiram Sadashiv Telikune vs.The State of Maharashtra through Collector Osmanabad and Ors
4 974 to 978(i).CA-8887-2025.doc in Civil Application No. 8890 Of 2025 in which 100% of the amount is deposited. In the last but one matters amount of Rs.20,90,972/- is deposited by the acquiring body.
3.
Learned counsel for the respondents vehemently opposes the disbursement of the entire amount. He would submit that as compared to earlier appeals, the amount is sizeable. It is further contended that the valuation report of the house property is vulnerable.
4.
I have considered rival submissions of the parties. I find it fit to disburse amount to the extent of 60% in the matter of Motiram Sadashiv Telikune in Civil Application No. 8890 Of 2025 mentioned supra.
5.
Civil applications are allowed permitting the applicants to receive the amount deposited in above appeals on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court except in the matter of Motiram Sadashiv Telikune in Civil Application No. 8890 Of 2025 (supra).
6.
In the matter of Motiram Sadashiv Telikune in Civil Application No. 8890 Of 2025 (supra), applicant is permitted to receive 60% of the amount on furnishing undertaking to the satisfaction of the Registrar (Judicial) of this Court.
[ SHAILESH P. BRAHME, J.] 2025/Sep/Joshi/V.S