Devidas So Khandu Pandav v. The Executive Engineer And ANR

2025:BHC-AUG:33626 ( 1 ) 19 CA 12789 OF 2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 19 CIVIL APPLICATION NO. 12789 OF 2025 IN FA/3381/2023 DEVIDAS SO KHANDU PANDAV

VERSUS

THE EXECUTIVE ENGINEER AND ANR ...

Mr. D. A. Bide h/f. Mr. T. C. Sonawane, Advocate for Applicant Mr. S. V. Hange, AGP for Respondents-State Mr. Avinash D. Hande h/f. Mr. Ganesh V. Patil, Advocate for Respondent No.1 ...

CORAM

: SHAILESH P. BRAHME, J.

DATE : 03.12.2025 PER COURT :- .

Heard both sides.

2.

Applicant seeks to withdraw amount of Rs.37,82,237/- deposited by the respondent - acquiring body. My attention is adverted to my earlier orders passed on 13.11.2025 and 25.11.2025. In a similarly circumstanced matters, claimants were permitted to receive 60% of the deposited amount on furnishing undertaking and remaining 40% of the deposited amount on furnishing solvent surety/security.

3.

There is no serious objection for following the same course as is done in other matters.

( 2 ) 19 CA 12789 OF 2025 4.

Civil Application is allowed partly permitting the applicant to receive 60% of the deposited amount with accrued interest on furnishing undertaking and remaining 40% of the deposited amount with accrued interest on furnishing solvent surety/security to the satisfaction of the Registrar (Judicial) of this Court.

FIRST APPEAL .

Admit. The learned AGP waives service of notice for respondentState. Mr. D. A. Bide h/f. Mr. T. C. Sonawane, learned counsel waives service of notice for respondent no.1.

2.

Call for Record and Proceeding. Print is dispensed with. ( SHAILESH P. BRAHME, J. ) PRW