Dnyandev Sonaji Channe v. The Executive Engineer Minor Irrigation Department 1 Aurangabad

2025:BHC-AUG:27494 ( 1 ) ca10776.25

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 959 CIVIL APPLICATION NO. 10776 OF 2025 IN FAST/27189/2023 KACHARU BHIKAN MALODE DIED THR LRS SHANTABAI AND ORS

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT AURANGABAD AND 961 CIVIL APPLICATION NO. 10778 OF 2025 IN FAST/29753/2023 DATTU SONAJI CHANNE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT 1 AURANGABAD AND 965 CIVIL APPLICATION NO. 10810 OF 2025 IN FAST/28437/2023 RAYBHAN LIMBHAJI BORADE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT1 AURANGABAD AND 966 CIVIL APPLICATION NO. 10811 OF 2025 IN FAST/29745/2023 DNYANDEV SONAJI CHANNE

VERSUS

THE EXECUTIVE ENGINEER MINOR IRRIGATION DEPARTMENT 1 AURANGABAD Mr. Shaikh Tarek Mobin, Advocate for the applicants. Ms. Suvarna M. Zaware, Advocate for respondent No.1. Mr. R.B.Dhaware, Ms.R.R. Tandale, Ms. Chaitali Choudhari Kutti, AGPs for the respondent-State.

CORAM

: KISHORE C. SANT, J.

DATE : 30.09.2025 PC :- 01.

All these applications are arising out of the same acquisition proceeding. The applicants are original claimants-respondents in the appeal. The applications are filed seeking withdrawal of the amount

( 2 ) ca10776.25 deposited by the appellant-acquiring body in the office of this Court along with interest. The learned Advocate for the applicants relies upon order dated 26.04.2022 passed in Civil Application No. 1465 of 2024 in First Appeal St. No. 27708 of 2023.

02.

Learned Advocate for the respondents vehemently opposes the applications. However, considering that this Court has already allowed the claimants in other First appeals to withdraw the amount. Hence, following order :- 03.

These Civil Applications are allowed. The applicants are permitted to withdraw 75% of the amount deposited in this Court with accrued interest. 50% of the amount shall be withdrawn on furnishing usual undertaking. 25% of the amount is permitted to be withdrawn on furnishing solvent surety/security to the satisfaction of the learned Registrar (Judicial) of this Court. The remaining amount shall be kept in fixed deposit of any nationalized bank, to be renewed from time to time till disposal of the appeals.

[KISHORE C. SANT, J.] snk/2025/Sep25/ca10776.25