Datta Hari Khandekar And ANR v. The Exe. Engineer Minor Irrigation Div. Osmanabad (Thr Exe. Engineer, M.I.D. Osmanabad) And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 935 CIVIL APPLICATION NO.13312 OF 2023 IN FA/3763/2022 DATTA HARI KHANDEKAR AND ANR

VERSUS

THE EXE. ENGINEER MINOR IRRIGATION DIV. OSMANABAD (THR EXE. ENGINEER, M.I.D. OSMANABAD) AND ORS ...

Advocate for Applicants : Mr. Patil Mukund Shankarrao AGP for Respondents-State : Mr. S. B. Pulkundwar Advocate for Respondent No.1 : Mr. S. G. Sangle ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

03/11/2023 PER COURT :

1.

The appeal is filed by the acquiring body on the count of quantum. The present application is filed for withdrawal of amount of compensation. The learned Advocate for the applicants has produced on record the order dated 17/12/2019 in FA No.2423 of 2019 and other connected matters, wherein the applicants are permitted to withdraw entire 75% of deposited amount in this Court along with accrued interest thereon.

2.

In view of the same, the applicants are permitted to withdraw 50% deposited amount along with accrued interest thereon till date

935 CA 13312-2023 subject to filing of undertaking to the satisfaction of the Registrar (Judicial) of this Court. Remaining 25% amount is permitted to be withdrawn on furnishing solvent surety/security tot he satisfaction of the Registrar (Judicial).

3.

Upon such undertaking is produced, the Registrar (Judicial) to disburse the amount as directed above. The civil application is disposed of accordingly.

4.

The appeal is Admitted.

5.

After admission, the learned AGP waives service of notice on behalf of respondents-State. The learned Advocate Mr. M. S. Patil waives service of notice on behalf of respondents No.1 and 2. ( ARUN R. PEDNEKER, J. ) vj gawade/-.