The Ex. Engineer, Minor Irrigation Div. Jalna Thr G.M.I.D.C., Aurangabad v. Radhakisan Ramrao Patol And ORS

2025:BHC-AUG:28649 1 929-CA 9818-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 9818 OF 2025 IN FAST/26370/2023 Radhakisan Ramrao Padol .. Applicant

Versus

The State Of Maharashtra Through The Collector And Others .. Respondents Mr. Ajeet B. Kale, Advocate for the Applicant. Smt. R. R. Tandale, AGP for Respondent Nos. 1 & 3. Mr. M. C. Swami, Advocate for Respondent No. 2. WITH CIVIL APPLICATION NO. 13178 OF 2023 IN FAST/26370/2023 The Ex. Engineer, Minor Irrigation Div. Jalna Through G.M.I.D.C. Aurangabad .. Applicant

Versus

Radhakisan Ramrao Padol And Others .. Respondents Mr. M. C. Swami, Advocate for the Applicant.

Mr. Ajeet B. Kale, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondents/State. WITH CIVIL APPLICATION NO. 13179 OF 2023 IN FAST/26370/2023 The Ex. Engineer, Minor Irrigation Div. Jalna Through G.M.I.D.C. Aurangabad .. Applicant

Versus

2 929-CA 9818-2025.odt Radhakisan Ramrao Padol And Others .. Respondents Mr. M. C. Swami, Advocate for the Applicant.

Mr. Ajeet B. Kale, Advocate for Respondent No. 1. Smt. R. R. Tandale, AGP for Respondents/State. CORAM : KISHORE C. SANT, J.

DATE : 09th OCTOBER, 2025.

PER COURT :- CIVIL APPLICATION NO. 9818 OF 2025 :

Heard learned advocates for the parties.

This application is for withdrawal of the amount deposited by the appellant - acquiring body in the office of this Court along with interest.

3.

The learned advocate for the applicant relies upon the orders passed in Civil Application No. 6290/2024 dated 04.07.2024, Civil Application No. 9434/2019 with other connected matters dated 11.10.2019 and Civil Application No. 10522/2024 dated 03.10.2024.

4.

The learned advocate Mr. Swami for respondent No. 2 vehemently opposes the application.

3 929-CA 9818-2025.odt 5.

However, considering that this Court has already passed orders in similar matters arising out of the same acquisition proceedings, following order :

ORDER

(I) The civil application is partly allowed.

(II) The applicants are permitted to withdraw 75% of the deposited amount alongwith accrued interest on furnishing usual undertaking. Remaining 25% of the amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. (III) With this, the civil application stands disposed of. CIVIL APPLICATION NO. 13178 OF 2023 :

This application is for condonation of delay of 323 days caused in filing the first appeal.

For the reasons stated in the application, delay stands condoned. The civil application is allowed and disposed of accordingly.

4 929-CA 9818-2025.odt CIVIL APPLICATION NO. 13179 OF 2023 :

Since the amount is already deposited in the office of this Court pursuant to impugned judgment and award, there shall be stay to the execution of the impugned judgment and award. The civil application for stay stands disposed of. ( KISHORE C. SANT, J. ) P.S.B.