The Executive Engineer, Pathbandare Prakalp Majbutikaran Vibhag Omerga And ORS v. Subhash Tukappa Hirmukhe
2025:BHC-AUG:33674 41 CA 13179 OF 2025+.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 41 CIVIL APPLICATION NO. 13179 OF 2025 IN FA/463/2025 WITH CIVIL APPLICATION NO. 13181 OF 2025 IN FA/464/2025 LAXMAN APPARAO MANDALE
VERSUS
THE STATE OF MAHARASHTRA ...
WITH CIVIL APPLICATION NO. 11172 OF 2024 IN FA/464/2025 WITH CIVIL APPLICATION NO. 11174 OF 2024 IN FA/463/2025 ...
Advocate for Claimants : Mr. Manoj Dharmaraj Shinde AGP for State : Mrs. M.N. Ghanekar Advocate for Acquiring body : Mrs. Sunita D Shelke ...
CORAM
: SHAILESH P. BRAHME, J.
DATE : 02.12.2025 PER COURT :
CIVIL APPLICATIONS FOR WITHDRAWAL OF AMOUNT Heard.
2.
The respondent-Acquiring Body has deposited in aggregate Rs. 1,55,66,628/- in these appeals, which are sought to be . 3.
The learned counsel for the applicants relies on the order dated 11.09.2025 passed by the coordinate bench.
4.
The learned counsel for the respondent-Acquiring Body opposes the applications. It is submitted that the claimants did not challenge the rate 1/2
41 CA 13179 OF 2025+.odt awarded by the reference Court.
5.
Considering over all circumstances, I find it fit to permit the applicants to receive 80% of the amount of compensation with accrued interest on furnishing undertaking and 20% of the amount of compensation with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
6.
The applications are partly allowed permitting the applicant receive 80% of the amount of compensation with accrued interest on furnishing undertaking and 20% of the amount of compensation with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.
7.
The Civil Applications are disposed of.
FIRST APPEAL :
Admit. Learned counsel Mr. Shinde waives service for claimant. Mrs.Ghanekar waives service for respondents/State in both appeals. 8.
Call for record and proceedings.
9.
Print is disposed with.
CIVIL APPLICATIONS FOR STAY :
10.
As the acquiring body has deposited entire amount of compensation, ad interim relief granted earlier shall stand confirmed. 11.
The Civil Applications are disposed of.
( SHAILESH P. BRAHME, J.) mkd/- 2/2