Khasherao Hausabal Waman (Died) Thr Lrs Baban And ORS v. The Ex. Engineer, Urdhawa Pravara Canal Division, Ghulewdi Sangamner And ANR

73withdrawal.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 39 CIVIL APPLICATION NO. 12748 OF 2017 IN FA/2735 /2015 KHASHERAO HAUSABAL WAMAN (DIED) THROUGH LRS BABAN AND ORS.

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA CANAL DIVISION, GHULEWADI AND ANOTHER WITH 39 CIVIL APPLICATION NO.12755 OF 2017 IN FA/2730/2015 CHHABBAI RAMBHAU SURVE (DIED) THROUGH LRS. ASHOK AND ORS.

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA CANAL DIVISION, GHULEWADI AND ANOTHER WITH 39 CIVIL APPLICATION NO.12756 OF 2017 IN FA/2740/2015 BHIMRAJ HAUSABAL SURVE (DIED) THROUGH LRS BHIVAJI AND ORS

VERSUS

THE EXECUTIVE ENGINEER, URDHAVA PRAVARA CANAL DIVISION, GHULEWADI AND ANOTHER Advocate for Applicants : Mr. Bide Dnyaneshwar A AGP for Respondents State: Mr. A. M. Phule Advocate for Respondent No.1 : Mr. A. N. Gaddime

CORAM

: K. L. WADANE, J.

DATE :

9th October, 2017 ORDER:

1.

These civil applications are filed for permission to withdraw the amount deposited by the acquiring body. Both the sides are heard.

2.

Learned counsel for the acquiring body has objection. He submits that the sale instance was not 1/2

73withdrawal.odt comparable as it was not of the date previous to the date of notification. This Court has gone through the judgment and Award and reasoning given by the Reference Court. This Court holds that permission can be granted to withdraw 75% amount after giving undertaking and remaining 25% amount after giving solvent surety in that regard. In those terms, all the applications are allowed and disposed of.

3.

Amount to be sent to the Reference Court where the execution proceedings are filed.

(K. L. WADANE, J.) JPC 2/2