Executive Engineer Minor Irrigation Division Osmanabad v. Nilawati Damodar Ovhal And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 953 CIVIL APPLICATION NO. 8045 OF 2025 IN FA/1324/2024 NILAWATI DAMODHAR OVHAL

VERSUS

THE STATE OF MAHARASHTRA THR COLLECTOR OSMANABAD AND ORS WITH CIVIL APPLICATION NO. 229 OF 2024 IN FA/1324/2024 ...

Advocate for Applicant : Mr. Praveen Baliram Rakhunde. AGP for Respondent/s-State : Mr. D. B. Bhange. Advocate for Respondent No.3 : Mr. Vinesh C. Solshe. ...

CORAM : SHAILESH P. BRAHME, J.

DATE : 01.08.2025 PER COURT :- 1.

Heard the respective sides.

2.

Applicant seeks to withdraw amount of Rs.34,20,837/- deposited by the respondent/acquiring body for the reasons stated in the application.

3.

Application and submissions are opposed by learned counsel Mr. Solshe for the acquiring body.

4.

It is brought to my notice that in identical matters, this Court permitted the applicants to receive 50% of the amount on undertaking and further 50% on furnishing solvent

surety/security. There is no reason for me to take any different view. I propose to adopt the same course. The acquisition is for the same project. In order to have the consistency in the orders passed by the High court, I propose to permit the applicant to receive the amount deposited in this Court. 5.

Civil application for withdrawal is allowed by permitting the applicant to receive 50% of the amount with accrued interest on furnishing undertaking and remaining 50% on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) In First Appeal.

6.

Admit.

7.

Learned counsel Mr. Rakhunde waives service of notice for respondent/claimant. Learned AGP waives service of notice for respondents/State Authorities.

8.

Call for Record and Proceedings from the concerned Court.

9.

Parties shall be at liberty to file relevant documents/ papers, if any.

In Civil Application for Stay 9.

As the entire amount has been deposited, ad-interim relief granted earlier shall stand confirm.

10.

Civil application is disposed of.

(SHAILESH P. BRAHME, J.) ...

vmk/-