The Executive Engineer Medium Project Division Osmanabad District Osmanabad v. Rajendra Dhondiram Hadagale And ORS

2025:BHC-AUG:34376 50 CA 13471 OF 2025+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 50 CIVIL APPLICATION NO. 13471 OF 2025 IN FAST/28166/2023 WITH CIVIL APPLICATION NO. 11583 OF 2023 IN FAST/28166/2023 WITH CIVIL APPLICATION NO. 11582 OF 2023 IN FAST/28166/2023 WITH CIVIL APPLICATION NO. 13472 OF 2025 IN FAST/28171/2023 WITH CIVIL APPLICATION NO. 11580 OF 2023 IN FAST/28171/2023 WITH CIVIL APPLICATION NO. 11581 OF 2023 IN FAST/28171/2023 RAJENDRA DHONDIRAM HADAGALE AND ORS

VERSUS

THE EXECUTIVE ENGINEER MEDIUM PROJECT DIVISION OSMANABAD AND ORS ...

Advocate for Claimant : Mr. S.P. Salgar h/f Mr. Anant Ramahari Devakate Advocate for Acquiring Body : Mr. Arun H. Koralkar AGP for State : Mrs. M.N. Ghanekar ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 08.12.2025 PER COURT :

CIVIL APPLICATION FOR WITHDRAWAL OF AMOUNT 1.

The applicants are praying withdrawal of amount of Rs. 49,04,099/- (in CA 13471/2025) and Rs. 24,10,229/- (CA No. 13472/2025) in respective appeals.

2.

The Acquiring Body has deposited only 75% of the amount with accrued interest in the appeals. In similarly situated matters this Court permitted the claimants to receive the amount on certain conditions. I 1/2

50 CA 13471 OF 2025+.odt propose to follow the same course as is done vide order dated 10.11.2025 in the matter of Dnyanoba Vithoba Pawar Vs. Executive Engineer Medium Project.

3.

The Civil Applications are allowed partly permitting the applicants to receive 75% of the amount with accrued interest on furnishing undertaking and further 25% of the amount with accrued interest on furnishing security/surety to the satisfaction of the Registrar (Judicial) of this Court. CIVIL APPLICATIONS FOR DELAY 4.

The Acquiring Body seeks to condone delay of 389 days in both appeals.

5.

The averments of the applications have not been controverted. There are no mala fides on the part of the acquiring body in preferring the appeals belatedly. The condonation of delay has repercussion over public exchequer. 6.

The delay stands condoned. The Civil Applications are disposed of. FIRST APPEALS (STAMP) 7.

Admit. Learned counsel Mr. Salgar h/f Mr. Devkate learned counsel waives service for Claimants. Learned A.G.P. waives service for the State. 8.

Call record and proceedings.

9.

Print is dispensed with.

CIVIL APPLICATION FOR STAY 10.

As the entire amount is deposited in pursuance of the order of this Court, ad interim relief granted earlier shall stand confirmed. 11.

The Civil Applications are disposed of.

( SHAILESH P. BRAHME, J.) mkd/- 2/2