Rambhau Nivrutti Gaware. v. The Executive Engineer, Minor Irrigation Division, Osmanabad And Others

2025:BHC-AUG:29389 -1- 916-CA-11507-2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 11507 OF 2025 IN FAST/24805/2021 RAMBHAU NIVRUTTI GAWARE

VERSUS

THE EXECUTIVE ENGINEER, MINOR IRRIGATION DIVISION, OSMANABAD AND OTHERS ......

Advocate for Applicant : Mr. Sushant Baburao Choudhari Advocate for Respondent No.1 : Mr. B. R. Survase AGP for Respondent Nos. 2 and 3 : Mrs. A. S. Mantri ......

CORAM : ABHAY S. WAGHWASE, J.

DATED : 15 OCTOBER 2025 PER COURT :

1.

Heard rival submissions.

2.

The present applicant is seeking withdrawal of the entire amount of compensation, which has been deposited by the acquiring body along with the interest accrued thereon. It appears that, the acquiring body has deposited entire amount of the impugned award. 3.

The learned counsel for the acquiring body opposed the application for withdrawal of entire amount.

4.

The applicant - original claimant is permitted to withdraw

-2- 916-CA-11507-2025 75% of the amount deposited in this Court alongwith accrued interest thereon; 50% be paid on furnishing usual undertaking to the satisfaction of learned Registrar (Judicial) of this Court and 25% be paid on furnishing solvent security/surety.

5.

The Civil Application is accordingly disposed off. (ABHAY S. WAGHWASE, J.) Tandale