Urdhva Penganga Project No 6 Through Its Executive Engineer v. Mahadu Gangaram Sarod Died L R S Under 1-A Shobhabai Mahadu Sarode And Others

2025:BHC-AUG:29053 -1IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 927 CIVIL APPLICATION NO. 5589 OF 2025 IN FAST/28379/2022 (for withdrawal of amount) MAHADU GANGARAM SARODE, (DIED) THROUGH L.RS, 1-A) SHOBHABAI MAHADU SARODE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Applicants : Mr. Avinash D. Hande AGP for Respondent Nos. 1 and 2 : Mr. D. R. Korade Advocate for Respondent No.3 : Mr. D. B. Pawar ...

WITH CIVIL APPLICATION NO. 14799 OF 2022 IN FAST/28379/2022 (for condonation of delay) WITH CIVIL APPLICATION NO. 14800 OF 2022 IN FAST/28379/2022 (for stay) URDHVA PENGANGA PROJECT NO.6 THROUGH ITS EXECUTIVE ENGINEER, CHAITANYANAGAR, NANDED

VERSUS

MAHADU GANGARAM SARODE, (DIED) THROUGH L.RS, 1-A) SHOBHABAI MAHADU SARODE AND OTHERS ...

Advocate for Applicant : Mr. D. B. Pawar Advocate for Respondent Nos. 1-A to 1-G & 2 : Mr. Avinash D. Hande AGP for Respondent Nos. 3 and 4 : Mr. D. R. Korade ...

-2CORAM :

ABHAY S. WAGHWASE, J.

DATED :

14 OCTOBER 2025 PER COURT :- CIVIL APPLICATION NO. 14799 OF 2022 1.

By this application, the applicant acquiring body is seeking condonation of delay of 62 days caused in filing the First Appeal. 2.

For the reasons mentioned in the application, the application is allowed. Delay stands condoned. Registry to register the First Appeal. CIVIL APPLICATION NO. 14800 OF 2022 1.

Learned counsel for the applicant-acquiring body submits that the entire award amount along with accrued interest has been deposited before the Reference Court. Learned counsel for the claimants also does not dispute the same.

2.

In view of the above, the interim stay granted by order dated 19.10.2022 is made absolute. The application is accordingly disposed off.

CIVIL APPLICATION NO. 5589 OF 2025 1.

Learned counsel for the applicants-original claimants submits that in similarly situated matter, since the amount of compensation was not deposited with this Court, the application for withdrawal of amount was disposed off by granting liberty to the claimants therein

-3to approach the Reference/Executing Court for withdrawal of amount. Learned counsel has also placed on record order dated 12.04.2024 passed in Civil Application No. 11446 of 2022 in First Appeal No. 545 of 2022, which is taken on record and marked "X" for identification purpose.

2.

In view of the above, the application stands disposed off with liberty to the applicants-claimants to move an application for withdrawal of amount before the Reference/Executing Court. [ABHAY S. WAGHWASE, J.] vre