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Bombay High CourtCA/13849/2017disposed offdismissed for default

Ramkisan Dhondiba Ranerao And ANR v. The Ex. Engineer, Lower Dudhna Project, Selu Now Ex. Engineer, Jalna Irrigation Dept. Jalna And ORS

2017-11-20Hon'Ble Shri Justice K. K. Sonawane3 pages

1 20-25-CA-13844-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 20 CIVIL APPLICATION NO. 13844 OF 2017 IN FA/2888/2016 NANASAHEB SAKHARAM GIRAM AND ANR

VERSUS

THE EX. ENGINEER, LOWER DUDHNA PROJECT, SELU NOW EX. ENGINEER, JALNA IRRIGATION D ...

Advocate for Applicants : Mr. D.M. Kakade Advocate for Respondent No. 1 : Mr. B.A. Shinde AGP for Respondents No. 2 and 3: Mr. S.R. Yadav ...

21 CIVIL APPLICATION NO. 13845 OF 2017 IN FA/865/2016 RAMESHWAR SAMPATRAO MIRGE

VERSUS

THE EX. ENGINEER, LOWER DUDHNA PROJECT, SELU NOW EX. ENGINEER, JALNA IRRIGATION D ...

Advocate for Applicants : Mr. D.M. Kakade Advocate for Respondent No. 1 : Mr. S.G. Bhalerao AGP for Respondents No.2 and 3: Mr. S.S. Dande ...

WITH WITH CA/13846/2017 IN FA/866/2016 ...

22 CIVIL APPLICATION NO. 13847 OF 2017 IN FA/1718/2016 ACHHUT SAGANAJI GIRAM AND OTHERS

VERSUS

THE EX. ENGINEER, LOWER DUDHNA PROJECT, SELU NOW EX. ENGINEER, JALNA IRRIGATION D ...

...

Advocate for Applicants : Mr. D.M. Kakade Advocate for Respondent No. 1 : Mr. B.R. Survase AGP for Respondents No.2 and 3: Mr. S.R. Yadav ...

WITH WITH CA/13849/2017 IN FA/1987/2016 WITH CA/13850/2017 IN FA/1614/2016 WITH CA/13851/2017 IN FA/1986/2016 WITH CA/13852/2017 IN FA/1985/2016 ...

2 20-25-CA-13844-17 23 CIVIL APPLICATION NO. 13858 OF 2017 IN FA/1300/2016 ...

Advocate for Applicants : Mr. D.M. Kakade Advocate for Respondent No. 1 : Mr. A.M. Gaikwad AGP for Respondents No.2 and 3: Mr. S.S. Dande ...

WITH WITH CA/13859/2017 IN FA/1295/2016 WITH CA/13860/2017 IN FA/1301/2016 WITH CA/13861/2017 IN FA/1299/2016 WITH CA/13862/2017 IN FA/1296/2016 ....

24 CIVIL APPLICATION NO. 13863 OF 2017 IN FA/1801/2016 SAMPATRAO DAJIBA MIRGE DECEASED THR LRS MURLIDHAR ANDOTHERS

VERSUS

THE EX. ENGINEER, LOWER DUDHNA PROJECT, SELU NOW EX. ENGINEER, JALNA IRRIGATION D Advocate for Applicants : Mr. D.M. Kakade Advocate for Respondent No. 1 : Mr. R.R.Tandale AGP for Respondents No.2 and 3: Mr. B.V. Virdhe ...

WITH CA/13865/2017 IN FA/1799/2016 WITH CA/13866/2017 IN FA/1797/2016 WITH CA/13867/2017 IN FA/1800/2016 WITH CA/13869/2017 IN FA/1798/2016 ...

25 CIVIL APPLICATION NO. 13871 OF 2017 IN FA/1881/2016 BAINABAI RAMBHAU MIRGE

VERSUS

THE EX. ENGINEER, LOWER DUDHNA PROJECT, SELU NOW EX. ENGINEER, JALNA IRRIGATION D ...

Advocate for Applicants : Mr. D.M. Kakade Advocate for Respondent No. 1 : Mr. R.C. Patil AGP for Respondents No. 2 and 3: Mr. A.M. Phule ...

WITH CA/13872/2017 IN FA/1856/2016 WITH CA/13874/2017 IN FA/1857/2016 WITH CA/13875/2017 IN FA/1851/2016 WITH CA/13878/2017 IN FA/1853/2016 WITH CA/13879/2017 IN FA/1852/2016 WITH CA/13880/2017 IN FA/1855/2016 WITH CA/13881/2017 IN FA/3079/2016 WITH CA/13882/2017 IN FA/1854/2016

3 20-25-CA-13844-17 CORAM : K.K. SONAWANE, J.

DATED : 20th NOVEMBER, 2017.

Order :- 1.

Heard learned counsel for the applicants-original claimants as well as learned counsel for respondent-Acquiring Body and learned AGP for respondent -State Authorities.

2.

Admittedly, the appeals came to be withdrawn by respondentAcquiring Body as per respective orders of this Court. Initially, claimants were allowed to withdraw 75% of the amount deposited on behalf of Acquiring Body on furnishing undertaking and rest of the 25% was kept in FDR accounts till decision of the appeals on merit. 3.

As referred supra the proceedings of all appeals are disposed of at the instance of appellant-Acquiring Body and not survived for judicial process. There would not be dispute remained subjudice before this Court in regard to determination of market value of the land under acquisition. Therefore, there is no impediment to allow the applicants for withdrawal of amount lying in this court deposited by Acquiring Body.

4.

Accordingly, applications stand allowed in terms of prayer clause "B". The rest of amount remained to be paid to applicants-original claimants in the appeals are hereby allowed to be withdrawn by the claimants. The Registry to do the needful for compliance of order. 5.

Accordingly, civil applications stand disposed of. Sd/- [ K. K. SONAWANE ] JUDGE MTK